Family Law Articles
Civility at Child Custody Exchanges
Tensions may run high when divorced or separated parents exchange their child for visitation. They should do their best to avoid heated confrontation, especially threatening or violent behavior. In one recent Virginia case, a man was initially convicted of abducting the mother of his child by allegedly trapping her in his car during an argument […]
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Bankruptcy and Divorce
Spousal and child support debts are not subject to discharge (forgiven) in bankruptcy. However, other debts owed from the bankrupt spouse to the other may be discharged. Consider a Virginia case where the Husband in chapter 13 bankruptcy still owned the Wife child support arrearages, but not a substantial lump sum payment on a home […]
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Child Custody: When the Custodial Parent Wants to Move
A custodial parent can move with the children but often with limitations. The court will look at the purpose of the move and whether it would substantially impair the non-custodial parent=s relationship with the children. The issue of relocation is made complicated by conflicting law, critical facts and jurisdictional considerations.
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Must the Less Wealthy Non-Custodial Spouse Pay Child Support?
The custodial parent=s assets and earning capacity cannot be the sole basis for a determination of child support. There are statutory guidelines which are presumptively proper that Virginia courts consider in determining child support awards, although deviations may be permissible. Moreover, a child support decision must be in the best interest of the children.
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Keeping Stock in Divorce
Like other assets, stock investments are presumed marital property if acquired during the marriage. It is up to a party to show that stock which claimed “separate” is actually his or her separate property. This might be accomplished by Atracing@ the stock back to the party=s own separate funds.
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Equitable Distribution of Marital Business
The splitting of a marital business can be a major issue in divorce. Virginia courts will not necessarily find the parties equally entitled to it. Instead, it will consider a variety of factors presented by the divorcing parties. These factors might include the negative and positive contributions to the business and family during the marriage, […]
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Unlawful Entry/Trespass to See Child
Parents at odds with each other must remain sensible and exercise parental rights lawfully. The Virginia Court of Appeals recently confirmed that a man=s breaking into his ex-girlfriend=s home was not made lawful by his claim that he simply wanted to see his child. The court found it rational to conclude that the defendant, who […]
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Dividing Retirement Assets in Divorce
A couple=s retirement assets are often the biggest asset to be divided in a divorce. These include employer-based and non-employer based accounts. When facing divorce, here are some practical basics to keep in mind. All property in a divorce proceeding is presumed marital until proven otherwise. Courts determine whether a retirement account is marital property […]
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What is a “GAL” in child custody cases?
In Virginia, a GAL (guardian ad litem) is an attorney appointed at the court’s discretion to represent the best interests of the child. The GAL represents the child and not either parent. The GAL can conduct investigations, including interviews with people close to the child. The GAL participates in trial and can make a recommendation […]
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Determining and Modifying Child Custody/Visitation: Child’s Preference
The court must take into account the reasonable preferences of the child in determining custody and visitation if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference. However, the Virginia courts have further noted that although a child’s preference should be considered and given appropriate […]
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Modifying Child Custody/Visitation: Relocation
Can a custodial parent move far away with the child, even overseas? Sometimes. The court must consider factors such as the effect that the relocation will have on the child’s relationship with the non-custodial parent. However, the standard is the best interest of the child, not the best interest of either parent. Relocation cases are […]
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Modifying Child Custody/Visitation
When a child custody/visitation order is in place, a parent may seek to modify it by demonstrating that 1) a material change in circumstance has occurred and 2) that the modification is in the best interest of the child. The party seeking the modification has the burden of proving those two factors to a preponderance […]
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What is a Voidable Marriage?
Unlike a void marriage a voidable marriage is presumed to be legally valid until it is annulled by a judge pursuant to an annulment action. Examples of voidable marriages include those in which a party was incompetent at the time or marriage or a marriage made under fraud or duress. Recent case law also determined […]
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Noncompliance with Divorce Terms and Attorneys Fees
When a party fails to comply with a court order, the court may order him/her to pay the aggrieved party’s reasonable attorneys fees. In a recent divorce case in Fairfax, Virginia, the husband had to pay slightly over $18,000 to the wife to cover her cost of litigating his noncompliance with a marital settlement agreement […]
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Valid Marriage Requires Marriage Licence, followed by Solemnization
Virginia law requires a couple to obtain a marriage license, followed by solemnization, to contract a lawful marriage. If the couple holds their marriage ceremony without first obtaining a license, the marriage is voidable. Moreover, a couple who obtains a marriage license must hold their ceremony within 60 days, or the license becomes invalid. No […]
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Modifying Child Custody/Visitation: Abuse
One material change in circumstance that may warrant a modification of child custody or visitation is the occurrence of family abuse. Virginia law defines family abuse as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is […]
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What is effect of a Voidable Marriage on Divorce Proceedings?
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 […]
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Documentation Key in Divorce Issues
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 […]
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Divorce Order Disagreements
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 […]
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Determining Child Custody/Visitation
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 […]
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Marital Settlement Agreements and Divorce Orders
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 […]
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Contempt/Appeals in Divorce Cases
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 […]
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Your Marital Settlement Agreement is Probably Binding
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 […]
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What is a Void Marriage?
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.
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Trash Talking a Soon-To-Be Ex to Child Could be Abuse
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 […]
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Rule To Show Cause in Family Law Cases
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 […]
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How is Real Estate Classified in Divorce?
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 […]
Read More »International Child Custody Disputes
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 […]
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Post Separation Agreements and Bankruptcy
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. […]
Read More »Consulting a Lawyer: A Few Points to Keep in Mind
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 […]
Read More »What are Marital Funds?
With some exceptions, money acquired by either husband or wife during a marriage and before separation are marital funds; for example employment income.
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Parsing Out Expenses: Child Support vs Spousal Support
Some expenses will overlap when calculating child and spousal support awards. The Virginia Court of Appeals recently decided that spouses seeking support do not necessarily have to apportion every category of expense as supporting either spouse or children. According to the Court, some expenses are indivisible by their very nature. The determination of spousal and […]
Read More »Hypothetical Ashburn Family Divorce Situation
Hypothetical Ashburn Family Divorce Situation Al and Maggie Luminum live in Ashburn, Virginia. They bought their first home there to start a family. They now have three minor children. Their love for the children kept their marriage alive longer than it would have lasted without them. Eventually, Al and Maggie no longer wanted to be […]
Read More »How Spousal Support Would Apply in the Hypothetical Divorce Case
How Spousal Support Would Apply in the Hypothetical Divorce Case The hypothetical Ashburn divorce case describes a situation representing the classic basis for spousal support. This occurs when the parties marry after college and start a family right away. At the beginning of the marriage, the wife’s contributions focus on raising kids and managing the […]
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Do you Provide Representation to Divorce Clients in Lansdowne?
The Law Office of William R.F. Conners, P.C. has a long history of successfully representing clients in Loudon County divorce cases. Located in Leesburg, our firm offers legal services to Lansdowne residents. We represent clients in complex divorce cases, including those with business holdings, extensive property and executive level careers. If you live in Lansdowne […]
Read More »What benefits can the Law Office of William R.F. Conners, P.C., provide as a Leesburg and Loudoun County based Family Law firm?
At the Law Office of William R.F. Conners, P.C. we almost exclusively base our divorce representation in Leesburg and Loudoun County, Virginia. We pride ourselves on our detailed knowledge of the philosophies, thought processes and position of the various courts, individuals and entities involved in the courts of Leesburg/Loudoun divorce cases. We leverage our experience […]
Read More »Forensic Mental Health Evaluations In Divorce, Child Custody and Visitation
As Loudoun County VA divorce lawyers and family law attorneys, the Law Office of William R.F. Conners, P.C., is practiced in complex divorce, custody and other family law cases. In such cases, mental health evaluations are sometimes utilized to determine the mental health of the Parties and inform various family law issues such as custody […]
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Virginia’s Rule to Show Cause: Your Tool To Compel Compliance
The Rule To Show Cause (“Rule”) is indispensable in domestic relations cases to deal with an opposing party case who refuses to comply with a court ordered obligation. A Rule can remedy a situation where a party subject to a court order refuses to fulfill court ordered obligations such as a failure to abide by […]
Read More »What is “Hybrid” property?
Hybrid property is generally that property which has a separate and marital component. The separate component must be proven and “traced”.
Read More »What is “Separate” property?
Separate property is generally that property which was acquired prior to the date of marriage or after the date of separation or was received as an inheritance or gift. However, separate property must be proven and “traced”.
Read More »What is “Marital” property?
Marital property is generally that property which was acquired from the date of marriage until the date of separation less any separate interests. All property is presumed “marital” and must be proven otherwise.
Read More »How is the property of divorcing parties distributed?
One of the most complex and important areas of divorce law relates to determining property distributions. The method of distribution used in Virginia is called “equitable distribution.” Equitable distribution may be triggered at the conclusion of the divorce to determine the relative rights and interests of the divorcing parties in property acquired before, during or […]
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