The Livesay & Myers, P.C. Blog
When you petition the court for child support, one of the things the court asks for is the address of both parents. So, what do you do if you don’t know where the other parent is? A parent is not relieved of his or her parental responsibilities merely because he or she can’t be located. However, not knowing the parent’s location may make it difficult for the court to enter an order, and even more difficult for the court to enforce an order.
For every child support case in Virginia, the court is required to serve the opposing party with notice of the petition for support and a summons for the date of the hearing. For a cost, a private investigator can be used to find the most recent addresses for the opposing party. Then, you can list the most reliable … Read More »
The financial consequences of divorce may have lasting effects on a party’s monetary stability for years following the conclusion of the case. Virginia is an equitable distribution jurisdiction, meaning that in any divorce proceeding, the circuit court has the authority to classify the property of the parties as separate, marital or hybrid. The court then uses this designation when distributing the debts and property of the parties. Pursuant to Virginia’s equitable distribution statute, Virginia Code § 20-107.3, the court must consider all debts and property belonging to the parties, which includes all real, personal, tangible and intangible property.
While Virginia’s equitable distribution statute is intended to create a fair system for the division of property and debt, it may have unintended results for parties involved in a divorce who either entered the marriage with student loan debt or acquired student loan debt … Read More »
You have accepted the fact that your marriage is ending and divorce is inevitable. But you want to do everything you can to ensure you have as much time with your children as possible. How can you best prepare yourself for a battle over custody?
Improve Your Communication. You need to do your part to open the lines of communication between you and your spouse regarding your children. Find a way to talk with your spouse about your children’s needs and desires. The communication must be positive and productive. You want to demonstrate that you will foster a relationship between your children and your spouse. You must show that you can co-parent with your spouse. Your emails, instant messages, text messages to your spouse or to others about your spouse must not be riddled with curse words, insults, or other damaging banter. Such … Read More »
In many Virginia divorce cases, the parties resolve outstanding issues between them by use of a separation agreement, also frequently referred to as a “marital settlement agreement” or “property settlement agreement.” Often, parties are advised by their counsel that such an agreement will be “incorporated” into their final order of divorce, and most parties don’t even bother to question that advice, and even more are not even aware that the court has broad discretion to incorporate all, some or none of the provisions of their separation agreement.
So, what does it mean to incorporate an agreement (in whole or in part) into a final order of divorce, and what happens if the court does not incorporate the agreement into its final order of divorce?
Contract vs. Court Order
To begin answering those questions, let’s step back and ask: what is the difference between a private contract and … Read More »
An action for divorce in Virginia commences with the filing of a complaint for divorce by one spouse (the plaintiff) against his or her spouse (the defendant) in the appropriate circuit court. Once the complaint and summons are served on the defendant, he/she has 21 days to answer the complaint. The defendant’s answer may consist of denials and admissions to the plaintiff’s allegations and may include the pleading of other facts—providing their side of the story. The defendant may raise any and all defenses to the plaintiff’s alleged ground for divorce and even file a counter-claim against the plaintiff seeking similar relief.
In Virginia, a divorce can be filed on fault-based or “no-fault” grounds. The fault-based grounds include adultery, cruelty and desertion. The no-fault ground is (1) separation for at least twelve months or (2) separation for at least six months, with a separation agreement … Read More »
Passport applications for children under the age of 14 require the signatures of both parents. However, in situations where parents share joint legal custody, one parent may not consent and may actively seek to prevent the child’s removal from the United States. In these situations, state courts can authorize or restrict international travel, and may even order a parent to cooperate in securing a passport for their child.
In 2001, the U.S. government began requiring both parents’ signatures on a minor child’s passport application. This rule applies to new passports for children under the age of 14. Children over the age of 16 only require one parent’s signature. Prior to 2001, one parent was able to complete a child’s passport application without the other parent being in agreement or even knowing that an application was submitted. The new rule was created to … Read More »
Contested divorce cases can be extremely costly. The costs are often driven up by an aggressive opposing party or counsel, or through multiple actions being heard at the same time, sometimes even in different courts. If you find yourself in such a situation, you may not be able to completely prevent costs from rising. However, there are some steps you can take to help keep your attorney’s fees as low as possible. Here are three tips for keeping costs down in your divorce:
Consolidate communications with your attorney. Communication between you and your attorney will be essential in your divorce. However, in many cases a client will both telephone and email their attorney several times in the course of a day. Costs can add up quickly if you do not do your part to make each communication efficient and meaningful. If time permits, … Read More »
In today’s world, there is a wealth of information available over the internet. People often turn to the web when trying to find a cheaper method for preparing a separation agreement or “property settlement agreement.” Agreement templates are available online for a nominal fee, which makes them very attractive to many divorcing couples.
However, each divorce case is unique. Forms found online are general and may not adequately address your needs. You may find that the form you chose to use is tailored for a different jurisdiction or even a different state than where you live. The form may not reference the correct applicable law, or may fail to include provisions that are vital in your case.
Some choose to use a friend or co-worker’s previously drafted agreement and try to make that agreement work for their own case. However, the facts … Read More »
A National Interest Waiver immigrant visa is a special form of EB-2 (second preference) Employment-Based immigrant visa. EB-2 visas usually require a permanent job offer and labor certification. However, those requirements are waived for applicants who can show that their admission to permanent residency would be in the “national interest” of the United States. Approval of a “National Interest Waiver” (NIW) means that the petitioner does not need to rely on a particular employer to petition on their behalf—and can even be a self-employee.
In addition to meeting the “national interest” requirement, NIW petitioners have to meet the basic underlying requirements of any EB-2 visa: (a) an advanced degree or (b) exceptional ability in the sciences, arts, or business. The applicant must show one or the other—there is no need to show both exceptional ability and an advanced degree. However, the NIW petitioner must … Read More »
As a parent, it should go without saying that I have a basic duty to keep my children safe. Until recently, one tool that Virginia law provided parents to do this was the ability to file for a protective order for a child “pro se” (without an attorney). Under a recent court ruling in Fairfax County, that tool appears to no longer be available to many parents in Northern Virginia.
Virginia Code § 16.1-253 describes the procedure for obtaining a preliminary protective order on behalf of children. A protective order on behalf of a child directs an individual to restrain themselves having contact with the child because the child’s life or health is in danger. A preliminary protective order (“PPO”) is a temporary order that can be obtained “ex parte,” meaning by a presentation of allegations by one side to a judge or a court … Read More »