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

Virginia Court of Appeals Finds Long-Term Relationship With Joint Property Doesn’t Constitute “Marriage” Under Prior Separation Agreement

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
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Ask General Counsel: Can a marital separation agreement contain ‘romantic restrictions’?

Published by Ask General Counsel on InsideNova, 8/25/2022 Image from Inside Nova When parties get divorced, their marital separation agreements often have restrictions on introducing minor children to new romantic partners. In Powell v. Knoepfler-Powell, Michael Powell and Melanie Knoepfler-Powell entered into a marital settlement agreement during divorce proceedings. The agreement included a provision that the
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Virginia Court Finds “Romantic Restrictions” in Custody Agreement Unenforceable

In a recent case, a Virginia Circuit Court answered the question of whether a clause regulating the introduction of the parties’ romantic partners to their child may be deemed unenforceable. Here, the parties entered into a property settlement agreement with a provision dictating when the parties can introduce their romantic partners to their child. The
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Ask General Counsel: Getting Divorced? Be Sure to Update Your Will, Trust and Estate Planning Documents.

Published by Ask General Counsel on InsideNova, 6/22/2022 Image from Inside Nova In this edition of Ask General Counsel, we discuss what happens to your estate plan (and what you should do) when you are getting divorced. Ask General Counsel is bi-monthly legal column by General Counsel, P.C., a law firm based in McLean that represents businesses,
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So You’re Getting Divorced—What Happens to Your Estate Plan?

So You’re Getting Divorced—What Happens to Your Estate Plan?
The idea of filing for divorce may be overwhelming. Naturally, people may worry about finances, children, and where to live. On top of that, the actual process of filing for divorce may seem daunting. You probably already know how to get a family law attorney involved to assist you through the divorce process, but you
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Ask General Counsel: How to Protect Your Business in a Divorce

Published by Ask General Counsel on InsideNova, 4/13/2022 Image from Inside Nova In this edition of Ask General Counsel, we discuss how business owners can (and should) protect their business before (and during) a divorce. If you don’t want to read this article, you don’t have to. . . . instead, you can watch a webinar
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Ask General Counsel: Court Allows Ex-AOL Executive Reduction in Alimony Obligations

Published by Ask General Counsel on InsideNova, 3/23/2022 Image from Inside Nova In this edition of Ask General Counsel, we discuss a July 2021 court order reducing the spousal support obligations for a former AOL executive. If you have questions about this case, divorce or family law matters, please contact Joanna Foard, who leads General Counsel P.C.’s divorce
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Ask General Counsel: Video edition – family law overview

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Published by Ask General Counsel on InsideNova, 01/13/02022 Image from Inside Nova In this edition of Ask General Counsel, a bi-monthly publication of the law firm, General Counsel, P.C., we are trying something different.  Instead of writing a page or two about family law issues, we have a series of videos that answer common questions about divorce,
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Virginia Court of Appeals Grants Decrease In Spousal Support Award After Husband Takes New Job With Lower Salary

Virginia Court of Appeals Grants Decrease In Spousal Support Award After Husband Takes New Job With Lower Salary
One of the biggest considerations during divorce proceedings is the matter of spousal support. Spousal support is an amount of money paid by one spouse to the more financially dependent spouse. An award of spousal support can typically be modified if a spouse can show a material change in circumstances justifying a modification of the
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Virginia Court Rules on Former Spouse’s Right to Military Retirement Pay: Finds Spouse Entitled to Share

Divorce proceedings, specifically the process of equitable distribution, 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 involves some unique issues surrounding the classification and equitable distribution of military marital assets. In a recent case, the Circuit Court for
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Ask General Counsel: Does divorce affect my security clearance?

Is your security affected by your divorce?
Published by Ask General Counsel on InsideNova, 6/10/2021 Divorces are often difficult and can be even more complex when one or both spouses have careers requiring security clearance. Naturally, people may worry about finances, children and where to live when thinking about divorce. However, people may not realize that their security clearance could also be
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Webinar: How to Protect your Business in a Divorce

How to Protect Your Business in a Divorce
Often, a business owner’s most valuable asset is their business. Further, 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 divorce. In this webinar, General Counsel, P.C. business attorney Evan St. John will discuss preventative
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Advice from Divorce Attorney – How to Protect Your Business During a Divorce

Negotiating Business Ownership in Divorce
Photo by Tima Miroshnichenko from Pexels Couples typically do not enter into marriage thinking about divorce, but, unfortunately, not planning for the possibility can oftentimes have serious consequences. Divorces can be difficult, and even more complex when business assets are at stake. For many business owners, the business itself is the individual’s most valuable asset. Business owners
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What is Equitable Distribution in Virginia?

What is Equitable Distribution in Virginia?
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. Often, courts decide on a 50/50 distribution, but may choose a different distribution after considering the relevant factors. The court may achieve
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What is the Discovery Process in Virginia Family Law Cases?

What is the Discovery Process in Virginia Family Law Cases?
Discovery is the formal process of exchanging information between parties about the witnesses and evidence they’ll present at trial. In Virginia, discovery in family law cases, such as divorce or child custody proceedings, may include interrogatories, requests for production of documents, requests for admissions, depositions, and subpoenas. The purpose of these tools is for parties
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Video: Spousal Support and Alimony in Virginia Divorce, Part 2

Video 2 of 2 about Spousal Support in Virginia Divorce
This is a continuation from the first video in this pair about spousal support and alimony in Virginia. There are 3 classifications of spousal support in Virginia divorces: 1. Support for an undefined period of time 2. Support for a defined period of time 3. Lump sum payment Spousal support will end upon the death
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Video: Spousal Support in Virginia, Part 1 of 2

Video 1 on Virginia Alimony and Spousal Support
This is the first part of a 2-part video series on spousal support in Virginia by Joanna Foard, Family and Divorce Attorney in McLean, VA. Very common questions we hear are “will I have to pay support?” Or, “Am I eligible to receive support?” Spousal support obligations are governed by statute in Virginia, and take
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Video: Overview of Child Support in Virginia

Video introduces basic concepts of child support in Virginia divorce
Virginia uses a child support calculator that factors in both parents income, the child care and other costs, are put in to generate the child support financial obligation. Child support typically ends at the minor child’s 19th birthday, although many other circumstances and agreements can dictate different terms.  
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Video: Virginia Divorce Attorney Joanna Foard on Mediation

Video Explaining Mediation in Divorce in Virginia
Divorce cases often settle in a process called Mediation. This video contains a brief overview of mediation as a type of alternative dispute resolution for divorce in Virginia that can avoid the stress and much of the cost of a trial in court. Learn more about mediation and uncontested divorce here: https://www.generalcounsellaw.com/practice-areas-family-law-divorce-uncontested-divorce      
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Video: Overview of Grounds for Divorce in Virginia

Video explaining grounds for divorce in Virginia
Overview of Grounds for Filing for Divorce in Virginnia including separation periods that depend on your circumstances, for instance if you have minor children together, or can agree on an “uncontested” divorce. Find more detailed information on this page about the Grounds for Divorce.
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