The Livesay & Myers, P.C. Blog
Imagine a married couple separates and one party moves out of the Commonwealth of Virginia, with no intention to return. The spouse who remains in Virginia wants to pursue a divorce. A circuit court in Virginia can divorce the parties, as long as there are grounds for divorce and the proper procedures are followed. But what if the Virginia resident wants to request spousal support?
For the Virginia court to order spousal support in that situation, it must first find that it has personal or “in personam” jurisdiction over the non-resident. There are several ways that a court can have personal jurisdiction, per Virginia Code §8.01-328.1. There are two, however, that are of particular importance to parties going through a divorce.
First we have Virginia Code §8.01-328.1(A)(8), which provides that a court may exercise personal jurisdiction over a person who:
…executed an agreement … Read More »
For many ordinary citizens, one of the most confusing areas of the law is that surrounding firearms. Particularly of concern is whether one can legally carry a firearm in public and if so, what restrictions are in place. Of double concern is the severity of criminal penalties for non-compliance with these laws and the tenacity with which local and state police enforce firearms laws. It is very easy, even in a gun friendly state such as Virginia, to unknowingly put yourself in a situation with firearms that results in criminal charges.
So to begin, Virginia is what’s known as an “open carry” state. This means that any individual over the age of 18, not otherwise disqualified from possessing a firearm, can carry one in public. Those who are disqualified from possessing a firearm include: convicted felons, juveniles found delinquent of felonies (in … Read More »
Virginia child or spousal support cases involving military servicemembers present unique and sometimes challenging issues. Servicemembers have a pay structure much different than that of a civilian. Military pay can be any combination of basic pay, benefits, entitlements, allowances, and/or special and incentive pay. With the various types of pay, some taxable, many non-taxable, how does a servicemember know what pay the court will look at to determine spousal or child support? Can the court consider non-taxable pay such as disability pay for spousal support or child support? Are special entitlements such as Post 9-11 GI Bill benefits considered income for purposes of determining support?
Military Pay and Child Support in Virginia
Virginia courts use the same factors in every child support case to determine the amount applicable under the statewide child support guidelines. The court may deviate from “the guidelines amount” … Read More »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »