A party’s true need for spousal support is key in obtaining and maintaining a spousal support award. As was recently demonstrated in a Virginia divorce case, as spouse’s statement implying an improper reason for seeking spousal support, e.g., to bankrupt the other spouse, can cause a court to question the need for support.
Sometimes in a divorce, one party will seek sole custody and impose severe limitations on the other parent’s rights to see or contact the child. Attempted justifications for doing so may include allegations of child abuse, drug abuse or other seriously harmful situation for the child. Success on either side of the dispute may hinge […]
It is possible depending on the situation. A grandparent, stepparent or other such “person with a legitimate interest” (as defined in the Code of Virginia) may assert a custody or visitation right with respect to a child in court. Although difficult, the rights of the surviving parent to care for and choose who a child […]
In defense against a client’s criminal charges, a lawyer may attack the arresting police agency’s handling of physical evidence against the defendant. The law requires the police to be able to track where the evidence went once it was collected at the scene, that is, maintain a documented “chain of custody” or paper trail. Evidence […]
A police office can make a traffic stop if he or she has a reasonable, articulable suspicion that you are committing a crime or traffic violation. For example, for DUI, an officer may state that he observed you weaving and driving erratically. An officer cannot use discriminatory factors such a race to meet the reasonableness […]
Sometimes. This is another reason why it is important to hire an attorney. Depending on the facts of your case, it may be advisable to enter an agreement with prosecutors as to your charges and appropriate penalties to avoid a trial. A skilled attorney can help you achieve a fair outcome by negotiating with prosecutors […]
A mere fingerprint found at a crime scene, viewed in isolation, wholly independently of any contextual circumstances, often falls far short of proving guilt. A latent fingerprint of someone accused of theft, for example, tends to show that he or she was at the scene of the crime but may not prove that the accused […]
When two parents litigate as to who should have custody and visitation of the children, the court will render a decision based on its determination of what is in the “best interest of the child.” For example, a court recently gave the mother full physical custody of a child and denied the father immediate visitation […]
In a suit for negligence, determining who is legally responsible for your injuries can be tricky. For example, if you are injured inside a franchise type car dealership due to a slippery floor, should you sue an individual employee, the local franchise, the franchisor corporation, or all of those? Sometimes, failing to name the correct […]
Sometimes, a spouse may find her or himself in need of court-ordered support from the other spouse when no divorce action is underway. Such a suit must be filed in a court with appropriate jurisdiction and certain legal procedures must be followed. Speaking to skilled attorney is a necessary first step.
If you are injured due to someone else’s irresponsibility or carelessness you may have a claim for negligence against that person. In general, the injured party has the burden of proving that the defendant had 1) a legal duty to act differently in the situation, 2) that he/she breached that duty, and 3) that the […]
It often saves time and money for both parties to an accident to attempt settlement of the case. When the victim is seriously injured and in need of lifelong care, such a settlement must be crafted with all of his or her long term needs in mind. One option to be explored may be a […]
To succeed in a premises liability case, you must demonstrate that the business in which you were injured had actual or constructive knowledge of 1) the defective condition that caused your injury and 2) the danger that the condition created. There are many ways to establish that the store had such knowledge, but key details […]
Pending a final divorce, the custodial parent may be in immediate need for child support. As discussed elsewhere on our website, child support can be awarded in connection with a pendente lite hearing, that is, in an interim hearing prior to the final divorce suit hearing. What happens when the payor does not provide any […]
When either divorcing spouse is deemed voluntarily unemployed or underemployed, the Court may impute income to that spouse. That is, cause the amount of money that the spouse is capable of earning to be counted against him or her when calculating support obligations or awards. There are a number of factors that the court must […]
In Virginia, a guardian ad litem is an attorney appointed by the court to represent the best interests and welfare of a child. Whether or not a guardian ad litem is needed is up to the court. Generally, a court will only appoint a guardian ad litem in a custody or visitation dispute if it […]
Although a child’s parents generally have the strongest rights, others may seek child custody or visitation. These other people are termed “persons with a legitimate interest.” They may include grandparents, step-parents and others involved with the child. They must properly petition the court to be heard. It is also possible for a parent to petition […]
A court-ordered modification of a custody and visitation order is can be achieved by filing a motion to modify the order. The party seeking the modification must allege and prove that there has been a matrial change of circumstanced warranting a modification that is in the best interest of the child.
It depends on the facts of your case and the specifics of your custody/visitation arrangement. A court would seek to determine what is in the best interest of the child and whether or not the move would substantially impair the relationship between your child and the other parent. Reclocation cases are some of the most […]
In the initial stages of a divorce action, the parties and their lawyers must determine the identity, value and location of marital property. Much of this can be determined based on deeds, balance statements and other documentation in the possession of one party or the other. One party may also possess documentation pertinent to “fault […]
A court may modify a spousal support award if either party can demonstrate a material change in circumstance. The change in circumstances must bear upon the financial needs of the dependent spouse or the ability of the supporting spouse to pay. Typically the process is initiated when one party files a motion to modify spousal […]
Generally speaking, if real property is purchased during the marriage with marital funds, the property is marital. If the property was purchased by one party before the marriage without contribution of later marital property, the property is separate. The property can become hybrid (that is, part separate and part marital) if, for example, some portion […]
When parties are divorced in a foreign country, a U.S. court may grant “comity” to the foreign court’s decision regarding child custody, visitation and other divorce matters. That means that the U.S. court will follow all or part of the foreign court’s decision. Whether or not the U.S. court does so will depend on the […]
The declaration of bankruptcy does not automatically excuse the bankrupt party from paying what is owed to the other spouse. Generally, debts to a spouse, former spouse, or child of the debtor, that are incurred in the course of a divorce or separation or in connection with a separation agreement or court order, are non-dischargable. […]
Consulting with a lawyer regarding divorce is a smart choice. Here are a few brief points to keep in mind as you move forward: 1) your attorney may advise pursuing avenues other than heading straight to court with that attorney–cost and practicality may be factors; 2) even the best attorneys may not know that exact […]
