The Livesay & Myers Blog


Is Virginia Larceny an Aggravated Felony for Immigration?

Posted on January 28th, 2015, by Jennifer Varughese in Immigration Law. No Comments

In my immigration practice, one of the most common issues I come across is a theft-related crime in the background of my immigrant client. Whether a non-citizen is applying for a green card, a green card holder is coming back into the country after a trip abroad, or a green card holder is applying for naturalization, a theft-related conviction can have dire consequences.

Recently, the U.S. Court of Appeals for the Fourth Circuit took a closer look at Virginia’s grand larceny statute, Virginia Code § 18.2-95, to see if grand larceny in Virginia constitutes a theft “aggravated felony” for immigration purposes. To be deemed an aggravated felon for a theft conviction, the immigrant must have been convicted of an actual theft offense that carries with it a term of imprisonment of at least one year. In Omargharib v. Holder, Mr. Omargharib, … Read More »


The “Inequitable” Billion-Dollar Divorce

Posted on January 23rd, 2015, by Benjamin Carafiol in Divorce, Family Law. No Comments

Appeals Filed By Both Sides

Previously on this Blog, Livesay & Myers, P.C. senior associate Matthew Smith explained the decision rendered in the divorce action between Continental Resources CEO Harold Hamm and his now-ex-wife, Sue Ann Arnall. This case was, and is, noteworthy because the decision awarded Ms. Hamm almost one billion dollars ($955,481,842, to be precise) for her share of the marital estate. If the trial court’s decision stands, this will be one of the largest divorce settlements of all time. The highest recorded settlement to date was for the divorce of Russian oligarch Dmitry Rybolovlev ($4.5 billion dollars).

However, at present both parties to this proceeding have filed appeals to the Oklahoma State Supreme Court. Oklahoma, like Virginia, is an equitable distribution jurisdiction, where the court determines the extent of the marital property, excludes certain assets as the separate … Read More »


Marriage Equality for Same-Sex Couples in Virginia

Posted on January 21st, 2015, by Stephanie Sauer in Custody, Family Law. No Comments

As everyone knows at this point, same-sex marriage is now legal in the Commonwealth of Virginia. On October 7, 2014 Governor Terry McAuliffe signed Executive Order #30 titled “Marriage Equality in the Commonwealth of Virginia.” The order directed all state agencies, authorities, commissions and other entities within Virginia to quickly make any necessary policy changes to afford same-sex couples the same benefits as heterosexual couples.

Now that Virginia allows and recognizes same-sex marriages, same-sex couples will no longer need to travel outside the Commonwealth to resolve their family law issues. Below is a summary of the impact of marriage equality on four areas of family law in Virginia:

1. Divorce. Any couple with a valid marriage from Virginia, a foreign state or country may now file for divorce in​ ​Virginia, provided the parties were married in Virginia, last resided as a couple in Virginia, or one spouse​ ​has resided … Read More »


Marijuana Use in Virginia? Not So Fast, My Friend!

Posted on November 24th, 2014, by Eugene Oliver in Criminal Defense. No Comments

In recent weeks, the news has featured many stories on the growing trend of the decriminalization and legalization of marijuana use and possession. This past Election Day, voters in Alaska, Oregon, and Washington D.C. approved measures that would legalize marijuana possession. Colorado and Washington have already legalized marijuana. Many more states, including Maryland, have either decriminalized marijuana possession, or allowed it for medical use. A record number of Americans support decriminalization/legalization of marijuana, and now corporations are even now looking into creating national brands, including one centered around a certain reggae legend.

With all that is going on nationally and the obvious shift in public opinion, one could be forgiven for thinking that attitudes in Virginia have lightened up regarding marijuana. However, such a view would be mistaken: it remains the case that even simple possession of marijuana in the Old … Read More »


President Obama Announces New Immigration Plan

Posted on November 21st, 2014, by Jennifer Varughese in Immigration Law. No Comments

On November 20, 2014, President Obama announced a new plan for executive action on immigration, which will offer temporary relief from deportation to millions of undocumented immigrants. The highlights of the plan include:

Deferred Action. Under the new plan, undocumented immigrants can receive work permits if they satisfy ALL of these criteria:

Entered the U.S. before January 1, 2010;
Not in any kind of lawful status as of November 20, 2014;
Have a son or daughter who is a U.S. citizen or lawful permanent resident (green card holder);
Do not have various convictions, ties to gangs or terrorism, etc.; and
Do not present other factors that negatively affect a granting of deferred action.

DACA. DACA (Deferred Action for Childhood Arrivals) is a program announced in 2012, which allows certain individuals to receive work permits and be safe from deportation. President Obama’s new executive action expands the DACA program … Read More »


Oil CEO Ordered to Pay $1 Billion in Divorce Ruling

Posted on November 13th, 2014, by Matthew Smith in Divorce, Family Law. No Comments

One of the largest divorce judgments in United States history was rendered this week, when Continental Resources Chief Executive Officer Harold Hamm was ordered to pay nearly $1 billion to his ex-wife.

After a nine-week divorce trial that ended last month, Oklahoma Judge Howard Haralson ruled, in an 80-page decision, that Sue Ann Hamm should receive a total of $995.5 million, among other significant assets.

And it would seem that Mr. Hamm got off lightly. The marital estate was estimated to be worth at least $18 billion, largely tied up in Continental shares, and Ms. Hamm sought a much larger sum than what she was awarded.

Mr. Hamm controls 68% of the oil company’s stock, and the ruling does not require him to part with those shares. Still, Ms. Hamm will shortly become one of the 100 wealthiest women in the U.S.

Judge Haralson … Read More »


You Have The Right to Remain Silent. Use It!

Posted on November 12th, 2014, by Eugene Oliver in Criminal Defense. No Comments

One of the most commonly asked questions I receive from family, friends, and potential clients is how they should handle any encounters with the police. No one ever seems quite sure how to handle themselves since being stopped by the police, or just having an “involuntary” encounter, can be one of the scariest, most nerve-wracking experiences of someone’s life. Most believe that if they just tell their story or admit to some minor wrong-doing, the police will treat them favorably and let them off with a warning. Unfortunately, such a viewpoint has no base in reality.

So, as I’m sure you’re wondering, what should you tell the police if you find yourself in just such a situation?

Nothing.

That’s right, nothing. Let me repeat that: tell the police nothing. Don’t admit to anything. Don’t try to explain what happened. Don’t try to justify what … Read More »


Boilerplate Provisions in Virginia Separation Agreements

Posted on October 28th, 2014, by Ariel Baniowski in Divorce, Family Law. No Comments

When negotiating a marital settlement agreement or separation agreement, you will inevitably hear your counsel talk about certain standard “boilerplate” provisions. You will probably just glance over these provisions, and your attorney will likely only touch on them briefly while focusing on the meat of the agreement—custody and visitation, support, property, debts, retirement, etc. Unfortunately, such a crude review of these provisions could prove costly.

Take for example the case of Hale v. Hale (2003), wherein Wife was awarded a portion of both Husband’s employer-provided pension plan and his employer-contributed 401(k). Wife had sought an equitable distribution of both assets, while Husband had maintained that only the pension plan was to be divided per the parties’ separation agreement. The agreement referred in its retirement provisions to the “pension plan” in the singular. However, the heading of the retirement provisions and the parties’ boilerplate preamble language … Read More »


Child Support: What to Do When a Child Emancipates

Posted on October 23rd, 2014, by Livesay & Myers, P.C. in Family Law. No Comments

It’s a common story. Pursuant to your Virginia divorce decree, you are ordered to pay your ex-spouse $1,200/month in child support for your three children. A few years later, your oldest child graduates from high school and goes off to college. So what do you do? You figure $1,200/month divided by three kids = $400 per kid, so you’ll reduce your monthly payments to your your ex-spouse to just $800 for the two remaining eligible kids. Right?

Wrong. And in fact, you can get yourself in a lot of trouble this way. You cannot unilaterally change your child support amount without the court’s involvement. Your spouse can later take you to court and you will almost certainly be held accountable for that extra $400/month that you stopped paying.

How could that be, if one of your children is no longer eligible for child … Read More »


Prenups for Same-Sex Couples in Virginia

Posted on October 20th, 2014, by Anneshia Miller Grant in Family Law. No Comments

The U.S. Supreme Court announced on October 6, 2014 that it was not going to consider appeals from lawmakers in five states, including Virginia, who wished to uphold same-sex marriage bans. The result: same-sex couples now have the right to get married in Virginia.

As with any other couples, same-sex couples should always consider a premarital agreement, more commonly referred to as a prenuptial agreement or “prenup,” prior to entering into marriage. Especially as Virginia divorce law changes to accommodate same-sex couples, the use of a prenup can ensure that parties to a same-sex marriage are protected despite any shifts or ambiguities in the law.

Despite the widely held belief that prenups are only for the rich, a premarital agreement is something that every couple should consider. A prenup protects the premarital assets of one or both parties and allows a couple to contemplate … Read More »




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