The District of Columbia recently amended its D.C. Domestic Partnership Judicial Determination of Parentage Amendment Act (aka D.C. Parentage Act) to allow some non-D.C. residents additional adoption rights. The amendment, which took effect in March 2013, allows D.C. courts the power to grant an adoption to any child who is born in the District, even if the family does not reside in D.C.

The original D.C. Parentage Act, enacted in 2009, was the first law of its kind in the country. It allowed lesbian couples who were married, registered as domestic partners in D.C., or who signed a Consent to Parent, to adopt children born to the couple in the District. The Act conferred the status of parent on both partners in the couple, where one of the women gave birth to a child using donor insemination and the other woman consented to her … Read More »

You may have heard the term “DOMA” at some point in passing; you may have also heard “Prop 8” at some point in passing; you may be aware that there are two “gay marriage” cases before the Supreme Court; and you may be wondering how those much-awaited court decisions could affect Virginia’s same-sex marriage topography. So, what really is DOMA, what is Proposition 8, what are the Supreme Court cases about, and how will those court decisions impact Virginia?

The Two Same-Sex Marriage Cases Now Before the Supreme Court

U.S. v. Windsor. The first case before the Supreme Court with potentially large ramifications for same-sex marriage in Virginia is U.S. v. Windsor. The question for the Supreme Court in Windsor is the constitutionality of the federal “Defense of Marriage Act” (DOMA).

Enacted on September 21, 1996, DOMA is a federal law that restricts … Read More »

If you have reviewed follow our military divorce sections of our website and blog, you should be familiar with the basics of the division of military retired pay pursuant to a divorce in Virginia. In short:

Your disposable retired pay, meaning your gross military retired pay minus any deductions for disability, is divisible under both federal and state law.
Under Virginia law, your spouse can receive up to fifty percent of the “marital share” of your retired pay, the marital share being defined as the portion that was earned during the marriage before separation.
The Defense Finance and Accounting Service (“DFAS”) can pay your spouse his or her portion of your military retired pay directly where your marriage overlapped with 10 years or more of your military service.

What we have not discussed in detail is how you can structure your military retired pay … Read More »

NFL star and 2006 first overall draft pick Mario Williams has filed suit against his former fiancée seeking recovery of the 10.04 carat diamond engagement ring he gave her in February 2012. Williams claims that his ex, Erin Marzouki, never intended to marry him, and that she had promised to return the ring if the engagement ended. The two-time Pro Bowler brings this claim under the “conditional gift rule” – the idea that a gift is not truly given until something else happens.

The thinking here is that the engagement ring is given “on the condition” that the marriage occurs. If the parties marry, the gift is completed and the ring becomes the receiver’s separate property. If the parties don’t marry, at least in Texas, the court would look at the reasons why the marriage didn’t happen. In Virginia, however, the … Read More »

A common question many parents ask during initial consultations with family lawyers is, “How can I change my child’s last name?” A parent may want to change a child’s last name in cases of divorce, re-marriage, or in situations of a non-involved parent. When looking to change a child’s last name, a parent must go through the Circuit Court of the county or city in which the child resides. A parent or guardian of the child can apply for the name change by submitting an Application for Change of Name of Minor to the Circuit Court. This form must be signed under oath in front of a notary.

If both parents are in agreement, then both would sign the application by filling out the joint application portion. One parent would then file the signed and notarized application, along with a copy … Read More »