We are proud to announce that Livesay & Myers, P.C. appears in the 2020 Edition of the U.S. News & World Report listing of Best Law Firms, released on November 1, 2019!
The 2020 edition marks the tenth consecutive year that U.S. News & World Report, in combination with Best Lawyers, has ranked law firms nationwide. Livesay & Myers, P.C. made its debut on the list in the 2018 Edition.
Firms included in the 2020 Edition of Best Law Firms are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a ﬁrm must ﬁrst have a lawyer recognized in The Best Lawyers in America, which recognizes the top 5% of private practicing lawyers in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal … Read More »
We are proud to announce that Livesay & Myers, P.C. appears in the 2019 Edition of the U.S. News & World Report listing of Best Law Firms, released on November 1, 2018!
The 2019 Edition edition marks the ninth consecutive year that U.S. News & World Report, in combination with Best Lawyers, has ranked law firms nationwide. Livesay & Myers, P.C. made its debut on the list in the 2018 Edition.
Firms included in the 2019 Edition of Best Law Firms are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
Livesay & Myers, P.C. is ranked for the second consecutive year as a Tier 2 firm in Family Law for the Washington, D.C. region. And, also for the second consecutive year, L&M … Read More »
Virginia law allows for divorce based on both fault-based and “no-fault” grounds. The fault-based grounds include desertion (actual or “constructive”), adultery, desertion (actual or “constructive”), and felony conviction and confinement in excess of one year. In deciding which ground to file on, it is wise to start by considering the pros and cons of filing for divorce based on a fault-based ground in Virginia.
Advantages to Filing for Divorce Based on Fault
Unlike a “no-fault” divorce, if you decide to file for divorce based on fault, there is no statutorily mandated waiting period for filing. Many individuals who want to get the ball rolling on their divorce may choose to proceed based on fault (assuming it is applicable in their case). This advantage to a fault-based divorce is especially important in those cases where one spouse needs immediate, temporary child support or spousal support … Read More »
In custody cases where a child has lived in multiple states, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) the initial custody determination will generally be made in the child’s “home state.” If the child has been absent from their home state, the court will look to see what state the child lived in during the prior six months or during the six months immediately preceding the filing for custody.
But what happens when the child has not lived in the United States in the past six months?
Take the hypothetical case of John & Suzy Doe for example. John and Suzy have an 8-year-old son named Joe. Joe was born in England, but moved to Virginia with his parents when he was two years old. After six years in Virginia, Suzy takes Joe and heads back to England. Nine months later, Suzy files for … Read More »
The Fairfax County Circuit Court recently issued an opinion that sheds light on an important aspect of Virginia divorce law: when divorcing parties include a provision for spousal support in a separation agreement that is incorporated into a divorce decree, that spousal support can only be modified later if the language of the agreement specifically allows for modification.
In Gordon v. Gordon, the parties divorced in 2003 after signing a separation agreement that provided for an award of spousal support (alimony). The Agreement made support non-modifiable, stating:
The husband agrees to pay to the wife, as and for her non-modifiable support and maintenance, the sum of One Thousand Dollars ($1,000.00) per month, the initial payment to be made on the first day of the month following execution of this Agreement by both parties, and to continue in consecutive monthly installments on the first … Read More »
What is the statute of limitations on child support in Virginia? The Virginia Supreme Court answered this question in 2011, when it ruled in Adcock v. Department of Social Services that child support obligations are set judgments which are subject to a 20-year statute of limitations. In Adcock, the father of a child was obligated, through a final decree of divorce entered in 1966, to pay $30 per week in child support to the child’s mother. In 2008, more than twenty years after the order, the Department of Child Support Enforcement (DCSE) sought to reopen the matter to collect the support payments which were past due. The father attempted to prevent this, arguing that the action by DCSE was barred by the 20-year statute of limitations expressed in Virginia Code § 8.01-251(A).
The Circuit Court in Adcock held that child support obligations were not the type … Read More »
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 participate … Read More »
When parties file a complaint for divorce, they often ask the court to determine a myriad of issues: spousal support, child support, child custody and visitation, and the division of property. In Virginia, courts will decide how to divide the parties’ property through a process called “equitable distribution.”
The first step in equitable distribution is to classify all property as separate, marital, or hybrid. Generally, marital property is any property that is acquired during the marriage, whereas separate property is any property that was acquired by a party (a) before the marriage, (b) after the parties separated or (c) during the marriage from an inheritance, gift from a third party, or other source outside the marriage. Hybrid property is a mixture of the two: it is separate property that has been commingled with marital property, making it part marital and part separate. … Read More »
A frequently asked question in Virginia divorce cases is whether one party may relinquish his or her parental rights in exchange for a termination of that party’s child support obligation. Can the parties include such a provision in a separation agreement?
This question was recently answered, quite definitively, in Layne v. Layne, 61 Va. App. 32, 733 SE2d 139 (10/23/2012).
Layne v. Layne involved a married couple with one child. The parties separated and later reached a separation agreement, which included the following provisions:
Child Custody and Visitation: Mother agrees that she has and does hereby relinquishes [sic] her parental rights and any and all claims of parenthood to the child.
Child Support: Father hereby waives the right to any claim of child support.
The separation agreement was approved and incorporated into a Final Decree of Divorce of the parties. Then, over five years later, … Read More »
It is a common story. You get married. You and your new husband or wife buy a beautiful new home. Everything is grand.
But then everything, gradually, over time, becomes… less grand, downright miserable, in fact. You separate. You contemplate divorce. You visit an attorney.
The question arises: what happens to the money that you (or your spouse) used to make the down payment? What happens to that money when you divorce?
There is a general rule that applies to this scenario under Virginia law. Just as background, real estate, when purchased during the marriage, is, by default under Virginia law, marital property regardless of how the real estate is titled. That is, the real estate can be titled in both of your names or solely or in the name of one party. It makes no difference to the question of whether or … Read More »