About Spencer Baumgardner

Spencer Baumgardner is a family law attorney at Livesay & Myers. He is experienced with every type of family law matter, including divorce, custody, visitation and support, with a concentration in retirement division and complex equitable distribution cases. Mr. Baumgardner is also one of the leading contributors to the firm’s Blog, writing extensively in the area of military divorce.

Here are the most recent posts by this author:

Domestic Violence and Gun Rights in Virginia

Posted on December 16th, 2013, by Spencer Baumgardner in Family Law. No Comments

If you have been accused of domestic violence, you should be aware that the issuance of a civil protective order order can, and very well may, affect your right to purchase, possess or transport a firearm in Virginia.

Federal Law Regarding Firearms and Domestic Violence

The best known restriction is found in federal law, which prohibits you from possessing, shipping, transporting, or receiving any firearm, if four conditions are met:

a protective order has been issued against you.
the protective order pertains to your “intimate partner” or the child of such “intimate partner.” The term “intimate partner” is defined to include a spouse, former spouse, person with whom you have a child or have cohabited, but not a girlfriend or boyfriend with whom you have not cohabited.
the protective order was issued after an evidentiary hearing, and you had notice and an opportunity to … Read More »

Spousal Support In Prince William County

Posted on February 6th, 2013, by Spencer Baumgardner in Family Law. No Comments

Suppose you live in Woodbridge or Manassas, and are a stay at home parent, a military spouse, or perhaps you work but just happen to make much less money than your spouse. Suddenly, your spouse declares that he or she wants a divorce. Your spouse wants to walk away from the marriage, the house, and the marital debts, to live on their own. But you cannot afford to pay the mortgage, your bills, or your debts all on your own. Once your spouse leaves, the creditors are at the door. The house is facing foreclosure. What do you do?

The short answer is: seek pendente lite (temporary) support from your spouse from the courts of Prince William County.

Please note: Prince William County, Manassas and Manassas Park all share a combined court system, so whether you are a resident of Woodbridge, Lake … Read More »

Fathers’ Rights In Virginia Custody & Visitation Cases

Posted on October 19th, 2012, by Spencer Baumgardner in Custody, Family Law. Comments Off

Are you a father who is facing a custody or visitation dispute in Virginia? Fathers’ rights are an often misunderstood area of Virginia family law. At Livesay & Myers, we have seen many good, active fathers come to us after making devastating mistakes in their custody cases. We have seen men who, misunderstanding their rights or relying on incorrect legal advice, have let themselves be bullied into signing unfavorable agreements or have handled themselves badly in court. Don’t repeat their mistakes! Instead, abide by the following list of do’s and don’ts to protect your rights as a father in Virginia:

1. Do understand how Virginia courts decide custody and visitation cases. In determining custody and visitation, Virginia courts are directed by law to give primary consideration to the child’s best interests, and the specific factors a court should consider in making this … Read More »

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