Family Law

My Ex Can’t Handle the Kids … Can She Send Them to Me?

Virginia Woman Leaves Toddler in Car; a headline like that can make a divorced father sick to his stomach. Worse, the woman is alleged to have left her two-year-old kid in the car so she could hang out in a bar. If you were the child’s father, how would you deal with that? Would you move heaven and earth to ...

By |November 6th, 2023|

Is Virginia a Community Property State?

The chasm between what the general public “knows” about law and what the law actually says is sometimes wider than the Grand Canyon of the South1. Take “community property,” for instance. Community property refers to assets acquired during marriage and split perfectly equally between divorcing spouses. Only nine states have community property laws. Virginia is not one of them. Jump ...

By |October 30th, 2023|

Can Virginia Divorce Proceedings Be Kept Private?

Hector, Javier, Monty and Rudder are living the good life in Virginia Beach. They’re harbor seals hanging out at the Virginia Aquarium only about seven miles from the Virginia Beach Circuit Court. A different kind of seal is used in the courts. And it could be used on your divorce records. Jump to a Section Privacy Versus the Public Shielding ...

By |October 16th, 2023|

Can I Get Custody in Virginia If I Live with My Parents?

Once upon a time in Virginia, multigenerational families were normal. The recent pandemic and economic uncertainties have resurrected a return to adult children living with their parents. The U.S. Census Bureau tells us 56 percent of adults ages 18 to 24 lived in their parental home, with 16 percent of adults ages 25 to 34 living with their parents in ...

By |October 9th, 2023|

What is the Easiest Way to Get a Divorce in Virginia?

Raccoon tacos are one of the easiest recipes you can follow to put the masked Virginian critters to good use. And as raccoon tacos indicate, “easiest” is not always ideal. In the case of Virginia divorces, though, the easiest divorce may also be the best fit for most Virginia men: the uncontested, no-fault divorce. Jump to a Section The Fastest ...

By |October 2nd, 2023|

Does The UCCJEA Apply to Emergency and Temporary Custody?

Child custody conflicts can be alarmingly invasive. Take the recent case of Virginia mom Artleta Ramirez. She is compelled by a Virginia judge to bottle-feed her breastfed baby as part of a child custody clash. As seen in The Washington Post and People, the case highlights different interpretations of “best interests of the child.” That phrase is part of just ...

By |September 25th, 2023|

How is a 401(k) Divided in Divorce?

You don’t think of the IRS as being a social influencer, but one of its creations has definitely gone viral: the 401(k), whose name comes directly from the tax code. A 401(k) and its nonprofit twin, the 403(b), are retirement plans offered by employers. These accounts reduce taxable income, can be matched by employers (that’s free money right there), and ...

By |September 18th, 2023|

Does My Child Custody Case Have to Go to Court?

Child custody cases can become legal nightmares, as in the case of Virginia’s own Lisa Miller, who fled the country with her daughter more than 10 years ago, supposedly on the advice of her counsel at the time. You can avoid upending your life, your ex’s life, and the lives of your children with a piece of paper, the consent ...

By |September 11th, 2023|

What is an Agreed Divorce in Virginia?

Lawyers love words. Words like prima facie, estoppel, and amicus curiae. Here’s a word: poecilonym. The next time your drinking buddy pulls a bar bet on you, win your money back with this: What is a synonym for the word synonym? Answer: poecilonym (“poe-sill-o-nim”). Guaranteed you’ll win back any money you lost in previous bets. So what is a poecilonym ...

By |September 4th, 2023|
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