The Livesay & Myers, P.C. Blog
If you are an international student enrolled in a full-time degree or academic program at a U.S. educational institution, then you are an F-1 student. As an F-1 student, you are admitted to the U.S. for “duration of status.” This means you are allowed to stay in the U.S. as long as you maintain your status by satisfying the requirements and regulations instituted by U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Custom Enforcement (ICE). The following is a guide to maintaining your F-1 student status or applying for reinstatement if you have fallen out of status:
Maintaining F-1 Status
You can maintain your F-1 student status by following these rules:
Maintain a full-time course load. What constitutes a full-time course load might differ depending on the type of program in which you have enrolled. You should check your program to ensure … Read More »
How you hold title to your real estate (real property) may have an impact on whether or not it can be left to someone in your will. When having a will drafted and considering who you want your real property to pass to upon your death, it is important to know how title to your real property is held. It is also important that you provide your attorney with the title or deed of trust for each piece of real property that you own so that it can be properly addressed in your will.
Title refers to legal ownership and the right to use property. There are several forms of ownership of real property in Virginia, including:
Sole ownership. Title to real property held in the name of one person is sole ownership. The person who is the sole owner of the property … Read More »
In Virginia, a spouse who spends or disposes of marital property for an improper purpose (a) anticipating a separation or divorce or (b) after the final separation of the parties may have committed “marital waste.” The court has the authority to consider such behavior in making an equitable distribution award.
Marital waste (or “dissipation of assets”) typically occurs when one party transfers funds out of a marital account or otherwise misuses marital funds after the marriage begins deteriorating. The aggrieved spouse must only show that the funds were withdrawn or used by the other spouse. The burden of proof then shifts to the alleged wrongdoer to prove by a preponderance of the evidence that the funds were spent on a proper purpose. It should be noted that Virginia courts have held that spending money on living expenses post-separation does not usually constitute … Read More »
A written agreement between parents or a court order regarding custody and visitation are the most common methods by which custody and visitation are determined between parents who are no longer together. However, in the event that one parent will be absent from the country, a power of attorney may be an appropriate means of giving someone who is not a custodian or guardian of your children the ability to act on your behalf during their absence.
Virginia law provides for children’s enrollment in school when living with relatives who are not their parents, by use of special “kinship care arrangements.”
Virginia also allows military families to have a power of attorney regarding the care of minor children, by recognizing the military power of attorney instrument provided in 10 U.S.C. § 1044(b). See Virginia Code § 64.2-1604 and the Interstate Compact on … Read More »
So, you think, or you know, that your spouse is cheating on you. As devastating as this discovery can be, many people are just as devastated to find out that Virginia law can, and often does, protect the adulterer.
In Virginia, adultery is defined as the act of sexual intercourse by a married person with any person who is not their spouse. It is a ground for divorce under Virginia Code § 20-91. It is also illegal, a Class 4 misdemeanor according to Virginia Code § 18.2-365. While adultery as a crime is rarely, if ever, prosecuted, the fact that adultery is still technically illegal in Virginia has a significant impact on many divorce cases.
For a court to grant a divorce on the ground of adultery, Virginia law requires proof by “clear and convincing” evidence, a higher standard of proof than other grounds … Read More »
The National Defense Authorization Act (NDAA) for 2017, signed into law in December 2016, drastically changes the way military retired pay can be divided in divorce cases. The new NDAA made major changes to the Uniformed Services Former Spouse Protection Act (USFSPA), which is the federal law enacted in 1982 that allowed states to divide military retired pay as marital property in divorce.
The original USFSPA did not provide for any particular division of a servicemember’s military retired pay. Rather, each state was able to develop methods of dividing military retired pay based on their existing state laws concerning division of property in divorce.
Virginia, as an equitable distribution state, awarded a former spouse a portion of the “marital share” of the servicemember’s retired pay. The marital share was a fraction of the total retired pay, with the numerator being the creditable service … Read More »
For years, Virginia circuit courts were split on the question of who gets the engagement ring after a breakup in Virginia. Some courts held that the engagement ring could not be recovered because such claims are barred under Virginia Code § 8.01-220. Known as the “heart balm” statute, that code section bars civil actions for breach of promise to marry (along with civil actions for alienation of affection, criminal conversation and seduction). However, other courts held that the engagement ring could be recovered because the party seeking to recover the ring is not seeking damages due to a broken promise to marry, but rather is asking for the return of a conditional gift, the condition being the marriage. Therefore, these courts held, when the engagement breaks off, the condition is not satisfied and thus the gift (the ring) should be returned.
The Virginia Supreme … Read More »
Typically, an individual becomes aware that they have been charged with a crime by being arrested or issued a summons on the spot at the time of the alleged offense. However, this is not always the scenario that plays out. In certain circumstances, it could take hours, days, months, or even years before a person is accused of a crime. In these cases, law enforcement will need an arrest warrant to take the suspect into custody.
Unfortunately, you would usually only find out that you have an outstanding warrant when the police show up to arrest you. However, in most jurisdictions in Virginia, you can call the local police department’s warrant desk to inquire whether an arrest warrant is active against you or somebody you know.
If you do become aware that you have an arrest warrant issued against you, the most important … Read More »
Divorce is an emotional and overwhelming time in a person’s life. If you do not enter the divorce with the necessary financial information, the process may be even more overwhelming than anticipated. By taking certain actions at the start of the divorce process, you can protect yourself from future surprises, and potentially avoid a great deal of stress later on. Here are four financial steps you should consider taking before divorce:
1. Obtain Financial Documents
If you do not keep good financial records or have limited to no access to your financial documents, now would be the time to gather and retain copies of these documents. These documents should include: tax returns, checking, savings, and bank statements; investment statements, retirement account statements, and other documents that address any sources of your or your spouse’s income. Try to gather all of these financial documents for the last three to … Read More »
In most cases, when one thinks of adoption, they imagine a child being taken into a loving “forever” home. Virginia law, however, allows for the adoption of an adult, though specific circumstances must apply. For instance, a stepparent may adopt an adult stepchild if that stepparent has stood “in loco parentis” to the child for at least three months. Standing “in loco parentis” means standing “in place of a parent.”
In addition, a close relative of an adult may institute proceedings for the adoption. Under the applicable Virginia Code § 63.2-1242.1, a close relative is defined as a “grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, or adult great uncle or great aunt.”
The Virginia Code also permits a petitioner to adopt an adult if the person to be adopted is the birth child of the petitioner … Read More »