Category Archives: Family Law
Frequently Asked Questions about Separation Agreements in Virginia
Virginia courts do not grant legal separations. However, couples may create a separation agreement — also called a property settlement agreement. Before entering into such an agreement, it is important that you are educated on what it entails. What is a separation agreement? A separation agreement allows couples to live separately, equitably divide their property […]
Approaching a Collaborative Divorce
While divorce is always tough, choosing to negotiate with your former partner using a collaborative process can reduce stress and expenses, while also saving time. During the collaborative divorce process, the spouses negotiate an acceptable agreement with the help of a professional mediator or arbiter. Each spouse hires an attorney to advise and assist in […]
WHAT ABOUT THE KIDS?
A day we hoped would come, FINALLY came. On October 6, 2014 with the U.S. Supreme Court’s denial of certiorari, same sex couples could marry. I, along with many others, made a bee line to the court house that day to witness friends tie the knot and to witness history. It was a great day. […]
What Is Considered the “Best Interests of the Child” When Determining Custody?
When making determinations about child custody, courts generally follow the principle that a child’s best interests, rather than the parents’ desires, should dictate custody and visitation rights. While the parents’ needs are still considered, family courts tend to place more emphasis on the child’s adjustment and development. In Virginia, a child’s best interests are determined […]
Collaborative Divorce a Better Alternative to Court for Many
Although some divorce cases may involve high stakes or unresolvable issues that preclude using any process other than court, collaborative divorces are actually a viable option for many couples dissolving their marriages. There are several key advantages to this approach compared to litigation. What does collaborative divorce involve? Collaborative divorce is a mediated process […]
Recent Gay Marriage Ruling in Virginia Could Have Effects Across the South
In early February, a Virginia federal judge ruled that the commonwealth’s existing ban on same-sex marriage was unconstitutional. This is the first ruling of its kind in the South, setting an important precedent for future court cases. While federal judges in Utah and Oklahoma have announced similar decisions, Virginia is the first state in its […]
What You Need to Know About Virginia’s Adoption Guidelines
In Virginia, there are two legal options for adoptive placements: agency and non-agency placements. Agency placements are made through local social services departments or licensed agencies, usually after an agency takes custody of a child and the birth parents’ legal rights are terminated. The agency is granted custody, along with the right to find the […]
