Information about family law matters including Divorce, Grounds for divorce, Same Sex Divorce, Military Divorce, Uncontested Divorce, Litigation vs. Alternative Dispute Resolution, Post-Divorce Enforcement, Modification of Orders and Appeals, Spousal Support, Child Custody Support and Visitation, Property Division, Alimony and Spousal Support, Marital Agreements, International Family Law and Domestic Violence and Protective Orders
Are a Child’s Preferences Enough to Modify a Custody Agreement in Virginia?
Wednesday, 06 March 2024
- Published in Family Law
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Are Retirement Accounts Classified as Marital or Separate Property?
Wednesday, 22 November 2023
Often, one of the largest assets married couples own are retirement accounts. As a result, these retirement accounts can become the focus of divorce proceedings if the parties seek court-ordered equitable distribution. In July, the Virginia Court of Appeals answered this question, ruling that a husband’s IRA retirement account was to be considered marital property
- Published in Family Law
How Courts Weigh a Parent Living Out-of-State When Determining Custody of a Minor Child?
Wednesday, 22 November 2023
Custody disputes commonly follow marital divorce proceedings. In determining custody, Virginia courts implement a best interests of the child analysis, pursuant to Virginia Code § 20-124.3. Recently, the Court of Appeals of Virginia was asked to decide whether living-out-of-state was in the best interest of the child, if the prospective custodial parent already lives out
- Published in Family Law
Judge Limits Grandparents’ Rights, Ruling Grandparent Visitation Statute Unconstitutional
Tuesday, 31 October 2023
- Published in Family Law
Getting Divorced? Don’t Forget to Change the Beneficiaries on Your Insurance Policies
Tuesday, 31 October 2023
If you have recently divorced, you cannot forget to revise the beneficiaries on your insurance policies. Separation agreements are often perceived as the “be-all, and end-all” of divorce. However, the case Hartford Life and Accident Insurance v. Herring and Crandall, underscores the importance of also changing the beneficiaries on your insurance policies. In Hartford, the
- Published in Family Law
Temporary Restraining Orders: A ‘Drastic’ Remedy for Custodial Disputes
Thursday, 14 September 2023
Typically, a parent seeking a custody modification for their child must petition the court and follow the standard litigation procedure. However, in certain circumstances, courts may allow a parent to remedy a custodial dispute through a temporary restraining order (“TRO”). A TRO “is a drastic remedy intended to preserve the status quo until the Court
- Published in Family Law
Do You Have to Disclose a Profit-Sharing Plan in Your Property Settlement Agreement?
Monday, 24 July 2023
Profit-sharing plans are a form of retirement contributions where an employee receives a share of the business’s profits. The Virginia Court of Appeals recently considered an appeal where a husband was alleged to have failed to disclose his Ernst & Young profit-sharing plan, despite the provisions in the Property Settlement Agreement (PSA) that granted half
- Published in Family Law
Spousal Support Payments: The importance of accurately reflecting your current economic needs.
Thursday, 20 July 2023
A recent case highlighted the importance of accurately reflecting your current income and expenses when pursuing spousal support. In Payne v. Payne, a couple was going through a divorce. The wife admitted that her financial statement included estimated future expenses rather than expenses establishing a baseline for her current need. The wife included a rental
- Published in Family Law
Ask General Counsel: Is the mental health of other spouse a legally justifiable reason for leaving the marital home?
Thursday, 20 July 2023
- Published in Ask General Counsel, Family Law
What Do Virginia Courts Consider When Awarding Spousal Support?
Thursday, 01 June 2023
The availability of spousal support stems from the legal duty of one spouse to the other by virtue of their marital relationship. Virginia courts consider many factors when determining an award of spousal support. Following a divorce, the “trial court has broad discretion in setting spousal support.” Brooks v. Brooks, 27 Va. App. 314, 317 (1998). However, section 20-107.1(E) of
- Published in Family Law
Real Estate Considerations when Preparing for Divorce
Wednesday, 08 March 2023
- Published in Family Law
Ask General Counsel: Can I date while separated in Virginia?
Thursday, 02 March 2023
- Published in Ask General Counsel, Family Law
Ask General Counsel: How do courts determine child custody and visitation rights?
Thursday, 16 February 2023
- Published in Ask General Counsel, Family Law
Virginia Court of Appeals Makes Equitable Distribution Decision For Family Home
Thursday, 02 February 2023
In Virginia, in the event of a divorce, courts follow the equitable distribution method of dividing property. Under equitable distribution, courts will divide property “equitably,” or fairly, between spouses, but not necessarily evenly. A couple’s property upon divorce is classified as marital, separate, or part marital and part separate. Marital property is jointly-owned property and
- Published in Family Law
Protecting Your Business in a Divorce Webinar
Wednesday, 09 November 2022
- Published in Business, Family Law
Protecting Your Business in a Divorce
Thursday, 20 October 2022
Join us for a webinar on Nov 03, 2022 at 12:00 PM EDT. Register now! Often, a business owner’s most valuable asset is their business. A divorce can cause disruption and, in some circumstances, result in the destruction of a business. Business owners need to protect their business from the negative impacts of a
- Published in Family Law
Virginia Court Upholds Separation Agreement Provision on Military Pension Division
Monday, 10 October 2022
Divorce proceedings can be more complex when they involve active members of the military. Divorcing couples when one or both spouses are members of the military often involve some unique issues surrounding the classification and equitable distribution of military marital assets and there are additional regulations regarding how military assets are treated. In a recent
- Published in Family Law
Virginia Court of Appeals Finds Long-Term Relationship With Joint Property Doesn’t Constitute “Marriage” Under Prior Separation Agreement
Friday, 30 September 2022
In a recent case, the Virginia Court of Appeals decided on whether an ex-wife’s new relationship constituted a “marriage,” as defined by the couple’s separation agreement. There, the court determined that the long-term, monogamous relationship, in which the couple jointly owned a home and shared a joint bank account, was not a marriage under the
- Published in Family Law
Ask General Counsel: Can a marital separation agreement contain ‘romantic restrictions’?
Tuesday, 30 August 2022
- Published in Ask General Counsel, Divorce, Family Law