Blogs

Divorce and Family Law

What to Expect from Divorce Proceedings in Virginia

Divorce represents a major change in a family’s structure. Naturally, going through the divorce process is a challenging life event that not only has emotional complexities, but also financial and legal implications. Understanding the divorce process in Virginia is one way to help remove some of the anxieties surrounding the divorce process. This blog aims to provide a guide on what to expect in a divorce in Virginia from start to finish. Initiating the Divorce Process The divorce process…

March 6, 2024

Divorce and Family Law

Essential Steps for Modifying Child Support and Custody in Virginia

Navigating the complexities of child support and custody orders can be challenging. Every family, and every child, has different needs that should be addressed while also working within the framework of Virginia laws and statutes. Custody orders are entered after consideration of a number of statutorily defined factors all focusing on the best interests of the child, while child support orders are typically entered using a guidelines formula taking into account each parent’s earnings and other…

January 31, 2024

Divorce and Family Law

Significant Changes in District of Columbia Divorce Law

The District of Columbia has been a no-fault jurisdiction for a long time. However, on December 3, 2023, the D.C. City Council enacted D.C. Act 25-322 (originally introduced in 2019 as “Elaine’s Law”), which materially alters the statutory grounds for divorce and amends the factors that a Court may consider when equitably dividing property and/or making an award of alimony. Currently if a party wishes to file for divorce in the District of Columbia, you must be mutually and voluntarily…

December 19, 2023

Divorce and Family Law

Divorce Considerations for Entrepreneurs and Business Owners in Virginia

Navigating through a divorce is a challenging journey, and it becomes particularly intricate when one or both of the parties has an ownership interest in a business. For entrepreneurs, a divorce is not just a personal transition; it’s an event that can have profound implications on their business. The process involves not only emotional and personal adjustments but also critical financial and legal decisions, especially concerning the valuation and division of business assets. Understanding…

December 7, 2023

Divorce and Family Law

Third-Party Custody and Visitation: What is the Standard?

Over the last several decades, expectations of the traditional family unit changed tremendously. Thus, instead of the conventional nuclear family (two parents and children), the modern structure of what society considers a “family” is rapidly evolving. As a result, family law courts are faced with an increasing number of third-party custody and visitation cases, with non-parents seeking to preserve or expand their relationships with a child. The United States Supreme Court recognizes the…

December 6, 2023

Divorce and Family Law

Navigating the Holidays While Sharing Custody

Navigating the holiday season while sharing custody can be a challenging time of year. Communication and flexibility between parents, is key in helping to avoid disputes and dampening your holiday spirit. Creating a holiday schedule, either informally between the parties or through the assistance of counsel, so that each parent’s boundaries and expectations for the holidays are clearly established can help minimize conflict. Reaching an agreement on things such as where the child will spend…

December 12, 2022

Divorce and Family Law

Is Collaborative Divorce Right for Me?

So, you’ve made the decision to get a divorce, but you don’t know which process is right for you. You’ve likely heard about litigation, mediation…but what about collaborative? What is collaborative divorce? The collaborative process is a team-based approach to divorce focused on a voluntary and open exchange of information, with the goal of coming to a fair and reasonable resolution that is best for your family. While each party will have their own lawyer, there will also be a team, which may…

October 28, 2022

Divorce and Family Law

Moving Out of the Marital Home – Should You Stay or Go?

If you’ve made the decision to separate from your spouse, you may be wondering, “is it ok for me to move out of the marital home?” As a practical matter, in every case of separation and divorce, one or both parties will eventually need to move out of the marital home. Yet, whether and when to leave the marital home is not only a complicated emotional issue, but can be a highly strategic decision as well. Prior to making a decision, you should consider the following: Will You Be Accused of…

August 3, 2022

Divorce and Family Law

I Want to Get Divorced, but I Can’t Get a Court Date…Now What?

Currently, the courts in Virginia, Maryland, DC, and all around the country have been essentially closed for all but emergencies and are not hearing civil cases on a regular basis (which includes family law cases). Even when the courts open again, there will be a major backlog of cases – everything that was supposed to be heard from mid-March through the end of the shutdown, the full schedule of cases set to be heard before the pandemic, plus a glut of newly filed cases on top of that. The…

April 24, 2020

Divorce and Family Law

Coronavirus and Custody: Implications of Stay at Home Orders

On March 23, 2020, Governor Northam issued Executive Order 53, and a week later issued Executive Order 55, which together have defined the Commonwealth’s stay at home regulations for individuals and businesses. In our last posting prior to Executive Order 55, we opined that custody orders should still be followed even where there was no direct guidance from the government as to how the stay at home order would impact existing custody orders. Fortunately, Executive Order 55 allows people to…

April 20, 2020