Virginia has a long, rich history of higher education, and many of the nation’s oldest fraternities and sororities began right here in our state. Indeed, the very first Greek organization in the United States was started at the College of William and Mary when Phi Beta Kappa was founded in 1776, the year of our country’s birth. Initiation rites for sororities and fraternities have a rich (if largely secret) history Read More
How is Drug Testing Used in Virginia Custody Cases?
When the parents of a child cannot agree about custody and visitation arrangements for their child in Virginia, the state court will ultimately have to make its own decision regarding the legal and physical custody of the child. The court uses a “best interests” standard in making this determination. In particular, parental drug use has an enormous impact on the interests of that child and on the ability of a parent Read More
Can You Be Charged With a DUI/DWI For Drugs?
There is much confusion out there surrounding DUI/DWI laws, which is due in part to the fact that drunk driving laws are set in place by state law, so what might apply in Texas or California does not necessarily apply in Virginia. And while many states do enforce DUI laws that make it a crime to operate a motor vehicle with a blood alcohol level (BAC) of .08% or higher, there are other situations in which a police Read More
When do the Police Have to “Read Me My Rights?”
We’ve all seen it in countless movies and police TV shows: that dramatic moment when the detective tells the suspect, “You have the right to remain silent…” But it can be confusing for the viewer to know when and why this occurs, and whether the actor is reading the other actor his rights because it is the legally accurate time for that to happen or if it just makes for a good cliffhanger to lead to the commercial Read More
When Do I Have a Right to an Attorney in a Virginia Criminal Investigation?
Being under criminal investigation is one of the scariest ordeals you may ever have to go through, and, no matter how many detective shows you’ve watched on TV, facing the questions of police officers, detectives, agents, and other members of law enforcement can leave you confused, shaken, and not sure where to turn. One of the biggest mistakes that people under criminal investigation make is believing that talking Read More
The Age of the Prenup: 5 Reasons Millennials Are Signing on the Dotted Line
A recent survey by the Academy of Matrimonial Lawyers found that family law attorneys nationwide are seeing a significant increase in the number of millennials seeking prenuptial agreements before walking down the aisle, with some attorneys saying they’ve seen 400% increase in demand from younger spouses-to-be. Long associated with wealthy individuals entering into successive marriages, more and more young people who Read More
Why is Divorce More Common During the Start of the Year?
Because divorce in the United States is conducted within 50 different state family court systems involving nearly two million spouses a year, it can be difficult to track reliable statistics regarding the issues and steps leading up to the start of a divorce action, much less a consultation with a divorce lawyer. This is especially the case when the majority of states allow for “no fault” divorces which do not Read More
Is My Spouse Entitled to Inherit From Me During Divorce in Virginia?
From the time a couple separates and at least one spouse begins the divorce process until the divorce is finalized, a lot of unexpected events can occur. One of those events could be the death of either you or your spouse. If the deceased spouse had a valid will in place, then the will, subject to some exceptions (namely the elective share rule discussed below), controls who should receive what, regardless of the Read More
What Are the Residency Requirements for a Virginia Divorce?
Moving from state-to-state and divorce often go hand-in-hand. Sometimes, couples move to a new state to try and make a fresh start only to find that their differences have followed them and they are ready to move on. In other cases, one spouse may leave the marital household and go to another state, either temporarily or permanently, to go live with a family member or other person to figure out next steps or start a Read More
How to Change Your Name After a Divorce in Virginia
Two of the more common questions on a person’s mind when getting a divorce - especially a woman who took her spouse’s last name in a marriage but also men who may have hyphenated their last names with their spouse’s - is whether to change their name back to their pre-marriage name and how that is accomplished. Some people have built a professional and/or community identity on their current name or simply have no wish Read More
