The common preference in family law courts in Virginia is to maintain joint custody of a child during and after a divorce. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. However, an equal split of custody in a joint custody case often leads to questions about the payment of child support between parents. If the Read More
Big Changes Coming to Spousal Support (Alimony) Taxation in 2019
Much attention has been given to the corporate and individual tax rates that have been cut as a result of the new tax bill signed into law by President Trump in late 2017. But one of the most significant yet less discussed provisions of the new tax law is the changes to taxation for spousal support (or “alimony” as it is often called), which affects both the person paying the spousal support and the person receiving Read More
How is Child Custody Determined in Virginia?
Child custody determinations are always made with the child’s best interests in mind, but the considerations vary slightly from state to state. In Virginia, child custody is determined by a number of factors in the state’s Juvenile and Domestic Relations District Courts. It is important to understand how child custody is determined in Virginia in order to have the best chance at gaining custody of your child in a Read More
Preparing For Mediation in Your Virginia Custody Dispute
Mediation is becoming an increasingly favored way for parents in Virginia custody disputes to create a workable custody arrangement which will then be approved and enforced by a Virginia court. Why? Many reasons, not the least of which are that mediation can save time and money. But the essence of mediation is that it allows the parents to collaboratively work out a custody arrangement without having to argue matters Read More
FAQ About Divorce Mediation in Virginia
While the drama of movies such as Kramer v. Kramer and its progeny have helped perpetuate the myth that divorce is inevitably a knock-down-drag-out zero-sum-game battle between formerly loving spouses, the reality is that most people entering the divorce process want to work through it with as little drama and strife as possible. There are certainly pitfalls along the way to achieving that result, as divorce does Read More
Can I Start Dating During a Divorce in Virginia?
One of the most common questions divorce lawyers in Virginia (or anywhere for that matter) get from clients is if it is okay to start dating during divorce proceedings. To be clear, there is no law against dating while married; however, there is a law against adultery. Dating or pursuing a relationship while married is a major factor leading to a divorce, but dating while you are in the process of getting a divorce Read More
Do I Need to Go to Court to Get an Uncontested Divorce in Virginia?
Outside of those who work in the legal field, the idea of going to court can be intimidating, to say the least. Many people fear speaking to a judge, or saying the wrong thing, or even just the logistics of knowing where to be and when. Getting a divorce is one of the more common reasons people might have in their lifetime for being in court, but many individuals in Virginia seeking a divorce wonder whether there is Read More
Will Medical Marijuana Affect My Virginia Child Custody Case?
Laws and cultural views toward marijuana, and specifically medical marijuana, are changing rapidly in the United States. Twenty-nine states and the District of Columbia have at least some laws on the books legalizing medical marijuana, and several states have legalized recreational use (marijuana use remains a federal crime, however). With medical marijuana becoming more accepted on the whole, an important question Read More
Abuse and Custody Proceedings in Virginia: What You Should Know
Domestic abuse is an epidemic across Virginia and the rest of the United States, and it often plays a role in family law proceedings. Abuse is a leading factor that leads to a person seeking divorce and/or custody of a child, and Virginia courts will take domestic abuse into account in determining custody matters. You should speak to an experienced family law attorney as soon as possible to discuss your legal options Read More
Do I Need a Divorce Lawyer If We Agree on Everything?
As family law attorneys, we know that most people don’t dream of the day when they get to consider hiring a divorce lawyer (although some are certainly more eager than others). When people think of hiring a lawyer, they think of the expense, of having a stranger potentially learn about financial and emotional details in their lives, and the possibility that hiring an attorney might make their partner upset or feel Read More
