A husband recently discovered during divorce litigation that he and his wife were never lawfully married due to a licensing defect. He sought and was granted an annulment. As a result, the courts proceeded as though the parties were never married. For example, the wife could not longer receive spousal support and the parties’ marital […]
Courts base support and equitable distribution awards (who gets what) on the evidence presented by the parties of the divorce. Necessary evidence includes thorough and accurate documentation of the parties’ respective incomes and financial account balances. Insufficient documentation, or worse, intentionally misleading or fabricated documents presented as evidence to the court lead to negative results […]
Success in litigation can come down to good, credible witnesses. For example, a Plaintiff recently received an award in court for nearly half a million dollars in compensation for a painful and debilitating knee injury caused by a car accident in which the defendant failed to properly yield. The award made upon trial was higher […]
Following divorce, ex-spouses might at some point find themselves in a conflict over the terms of the divorce decree or their martial settlement agreement. If a party feels that the other is in default of a term, he or she should always avoid using threatening language to force the other party’s compliance, no matter how […]
Courts must base their child custody and visitation determinations on the best interest of the child. There are several statutory factors the court must consider in deciding what arrangement is in the best interest of the child, such as the age and physical and mental condition of each parent, any family abuse history, the role […]
When you enter into a valid marital settlement agreement, the agreement becomes enforceable as a contract. When the agreement is then “incorporated but not merged” by a final order of divorce, the agreement becomes enforceable as a contact and as a court order. If the agreement is valid, with limited exceptions (such as challenge to […]
A police officer may stop and briefly detain an individual if he or she has a “reasonable, articulable suspicion” that the individual is committing a crime. Such stops may be based on a citizen’s tip but generally only if there is some corroboration of the tip. For example, Al flags down an officer in his […]
Spousal and child support obligations can last for years following a divorce. However, if you believe your obligation has become unfair, you may be able to have it lowered or terminated. The process involves filing a motion with the court based on a “material change in circumstances warranting a modification” of the obligation. Simply stopping […]
Imagine your spouse has initiated divorce and presents you with a marital settlement agreement crafted by an attorney. Your spouse tells you that he/she will consider reconciling if you sign the agreement. You mull it over and, although you think the agreement contains unfair terms, you sign it with hope that your spouse will resume […]
Whether or not to enter a plea agreement, that is, agree to admit guilt to a crime in exchange for a reduced charge or sentence, can be a difficult decision. One factor to consider is that plea agreements involve waivers of rights you would normally have in the criminal justice system. Absent such a plea […]
A void marriage is an absolute legal nullity. It requires no an annulment proceeding or judicial declaration in order to be void. The marriage will legally be treated essentially as though it never existed. Examples of void marriages include bigamous, incestuous and underage marriages.
Divorcing parents should always use their best judgement in speaking to their children about the other parent. From a litigation prospective, a parent can face negative consequences for alienating a child from the other parent, as such behavior is emotionally harmful to the child. In one recent Virginia case, abuse and neglect findings were made […]
When a party fails to comply with a court order, the aggrieved party can petition the court for a “Rule to Show Cause.” In family law cases, the violation often involves nonpayment of spousal or child support. It could also involve noncompliance with child custody/visitation terms, property distribution, or any part of a marital settlement […]
Offensive behavior toward you may leave you embarrassed, shaken or fearful enough to feel you have been emotionally injured. Occasionally, the behavior and resulting emotional damage may be severe enough that is constitutes a successful legal claim for “intentional infliction of emotional distress.” However, absent a physical injury to accompany the emotional one, it is […]
Police generally may conduct an inventory search of an impounded vehicle without a search warrant, as the intended purpose is not to look for criminal evidence but to protect the vehicle owner’s belongings, protect the police department from lost/stolen property claims and to ensure police and public safety. Contraband found during an inventory search may […]
Police generally may conduct an inventory search of an impounded vehicle without a search warrant, as the intended purpose is not to look for criminal evidence but to protect the vehicle owner’s belongings, protect the police department from lost/stolen property claims and to ensure police and public safety. Contraband found during an inventory search may […]
A QDRO , or a “qualified domestic relations order,” is a court order that allows for the division of a retirement asset such as a 401(k) or a pension. You and your spouse may decide how to split up your retirement assets in a written property agreement, but, depending on the type of retirement asset […]
Consequences for violating a court order, including those that set forth child and/or spousal support, can include contempt findings against you, and you may be incarcerated, have to pay your spouse’s/ex-spouse’s attorneys fees in connection with support enforcement litigation, or be compelled to take other actions as ordered.
Spouse seeking an amicable, uncontested divorce sometimes turn to using online resources to attempt to generate court documents. However, without the assistance of attorneys, such individuals often costing themselves more in the long run, financially and emotionally than if they had just retained an attorney at the outset. Simply put, individuals without the requisite leagl […]
There are a number of factors that will determine the amount and duration of court-awarded spousal support, but generally the most critical is that the support will allow the recipient to maintain the lifestyle to which she/he had been accustomed during the marriage. For example, the support payee should not expect his/her obligation to merely […]
Parties to divorce can include child support provisions in their negotiated property settlement agreements as well as spousal support. However, there are distinguishing legal factors that must be considered when including child support terms in a settlement agreement. While parties can agree to non-modifiable spousal support, they cannot by law prohibit the courts from modifying […]
Under Virginia law, a spousal support obligation may be terminated if the former spouse receiving support remarries or if it is shown “upon clear and convincing evidence” that he or she has been habitually cohabiting with another person in a relationship analogous to a marriage for one year. If the new couple is unmarried, the […]
Often, settlement options are worth considering as they can save the time and money associated with navigating the trial process. Although settling may mean accepting less money than might have been awarded in court it also means avoiding the risk of being awarded less in court A good settlement will still get the Plaintiff what […]
If you would like to pursue a legal claim against another party for injury, time is of the essence. Different types of claims have different limitations periods, i.e., deadlines by which the claim must be filed along, with all relevant filing fees, with the court. If you wait too long, the statute of limitations may […]
Lay witnesses, are those who may have seen an injurious event occur or otherwise have personal knowledge of the event. Typically, they cannot give their opinions about what they saw or heard. They can only relay events as they perceived them occur. An expert witness has not witnessed the event but has specialized knowledge relevant […]
