Family Law

My Wife is Violating the Divorce Settlement Agreement!

A property settlement agreement or divorce settlement agreement is the final word in just about every facet of your divorce. The terms laid down in the agreement allow you and your ex-wife to stay in your lanes, avoid future court battles, and find a level of peace you may not have known in marriage. What if, though, she violates the ...

By |August 23rd, 2021|

Can Child Support Switch from One State to Another?

The Articles of Confederation, our nation’s first “constitution,” were badly flawed. Each state could have set up tolls and tariffs at its borders, so a sack of Virginia peanuts traveling to New York could have had an expensive and perilous journey. Today interstate laws provide for the smooth flow of goods and services between the states. That flow includes child ...

By |August 16th, 2021|

How to Serve Someone Divorce Papers in Virginia

ZIP stands for Zone Improvement Plan. Since 1963, the U.S. Postal Service has assigned those five-digit numbers to areas to speed up mail delivery. If you know someone’s address, you can serve them divorce papers. That is one of seven ways to serve process. I Know Where You Live The law requires a person who is the subject of a ...

By |August 9th, 2021|

Joint Decision Making in Custody Cases

One of the best ways, when working through separation and divorce, to support your children and maintain those all-important family bonds is through open decision-making and clear communication. Whether that means joint physical custody or shared legal custody, or even sole physical custody with thorough, informal discussions, both parents must agree to work in the best interests of the child, ...

By |August 2nd, 2021|

(Nearly) Everything You Should Know About Adultery in the Military

Good news! Adultery no longer exists in the military. Well, okay, they renamed it “extramarital sexual conduct” in the latest revisions to the Uniform Code of Military Justice (UCMJ), but still, it doesn’t say adultery! Performing the Poking Polka is still illegal and likely to get you in a whole lot of trouble, but only under some very specific circumstances. ...

By |July 27th, 2021|

How Does Child Support Work if the Parents Live in Different States?

You think you live in Virginia and the other parent of your kids thinks she or he lives in South Carolina. You’re wrong: you both live in UIFSA. UIFSA has only one state and expects parents owing child support to pay it, regardless of either parent’s address. UIFSA: The Uniform Interstate Family Support Act UIFSA stands for the Uniform Interstate ...

By |July 19th, 2021|

Attorney of Record: What Does it Mean?

An oxymoron is an inherently contradictory phrase, like jumbo shrimp, acting naturally, and legal brief. One thing attorneys are not is brief. Though we don’t get paid by the word, we often write as if we do. Why? To protect everyone in every legal matter. That is why we bravely put our names down as attorneys of record. So, just ...

By |July 12th, 2021|

Do I Have to Pay Spousal Support During a Separation?

You and your spouse have agreed to separate. Bags in hand, standing at the front door, she tosses you one parting bombshell: she will expect spousal support throughout the months of your separation. Then, after the divorce is final, she will expect more spousal support. Can she expect that? Who Gave the Marching Orders? The law does not care who ...

By |July 5th, 2021|

Does a Child Need a Bedroom for Overnight Visitation?

Now I lay me down to sleep, but Dad’s new girlfriend is a creep. Abraham Maslow’s “Hierarchy of Needs,” helps people differentiate between needs and wants, and to make clear that some needs are basic and biological: food, water, safety, warmth, and rest. We may want a separate bedroom for our visiting children to get their rest, but is it ...

By |June 28th, 2021|
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