The Livesay & Myers, P.C. Blog
We are proud to announce that Livesay & Myers, P.C. appears in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms,” released on November 5, 2020!
The 2021 edition marks the 11th 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 2021 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 have at least one lawyer recognized in the 2021 edition of 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 … Read More »
If asked six months ago, many parents could have recited their family’s weekday routine: children go to school, parents go to work, and family time is enjoyed at night—rinse and repeat. COVID-19 has forced parents to restructure that routine and navigate through unprecedented times structuring their family’s day. This can be especially challenging to those parents co-parenting with a not-so-cooperative parent, or for those parents in the midst of separation. The largest and most impactful variable of them all is the uncertainty surrounding the new school year, and the numerous options available to parents in many school districts. This poses many questions: who gets to decide what learning option is best for the children? If the children are distance learning, who is responsible for supervising that? What about the parent’s day job?
Who gets to decide what learning option is best … Read More »
The Coronavirus Disease 2019 (COVID-19) pandemic is raising special challenges for those facing separation, divorce, custody or support cases in Virginia. Couples who were experiencing marital difficulties before the crisis may find those difficulties magnified as they now spend much more time together at home. There are various custody and visitation issues raised by COVID-19, as well as issues of modification of support as many people are laid off from their jobs.
The Supreme Court of Virginia has issued an order temporarily limiting the types of cases that will be heard in Virginia. The order instructs Virginia courts to give precedence to certain emergency matters including emergency child custody cases, quarantine or isolation matters, and protective order cases. For more information, see Filing a New Family Law Case During the Judicial Emergency in Virginia.
The situation with COVID-19 does not mean that … Read More »
Livesay & Myers, P.C. proudly announces that 13 of our attorneys have been named 2020 Super Lawyers or Super Lawyers Rising Stars.
Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The result is an objective, comprehensive listing of the top lawyers in each state.
The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.
Every year, no more than 5% of the lawyers in each state are named Super Lawyers, and no more than 2.5% … Read More »
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, on March 16, 2020 the Supreme Court of Virginia entered an order declaring a judicial emergency in Virginia. The initial judicial emergency order declared the judicial emergency through April 6, 2020, but the Supreme Court subsequently entered two additional judicial emergency orders, each time extending the emergency period by an additional 21 days. As of its most recent judicial emergency order, the Supreme Court has extended the judicial emergency period through May 17, 2020.
The judicial emergency order limits matters being heard in Virginia courts during this time—however, courts are not closed entirely. While courts are not operating at their normal capacity, judges are are still hearing cases. The order instructs Virginia courts to give precedence to certain emergency matters including emergency child custody cases, quarantine or isolation matters, and protective order cases.
The … Read More »
Your thoughts race as your heartbeat echoes in your throat. You feel like you have been walking on eggshells. Your partner had a short temper before the COVID-19 crisis, and now that you are both at home without being able to escape to the office, run daily errands, socialize with friends, family, or even your chatty neighbor, everything seems to set him or her ‘off’.
You are not alone. Many families are feeling heightened tension as we navigate the unknowns of this worldwide health crisis together. With the Temporary Stay at Home Order Due to Novel Coronavirus (COVID-19) issued by Virginia Governor Ralph Northam on March 30, 2020, people are being exposed to increasingly dangerous situations, not just from the outside world, but from their spouses or significant others too.
What happens when pre-existing problems at home get worse, as spouses and … Read More »
Members of the Virginia legislature have concluded their work for the 2020 session. Included in their passed bills was a major change to Virginia Code § 8.01-223.1 concerning the assertion of constitutional rights in civil actions. The new law, which goes into effect on July 1, 2020, will make proving adultery easier in divorce and other family law cases in Virginia.
Parties in Virginia civil actions have previously had broad protection of their constitutional rights, and courts have been entirely prohibited from using any assertion of constitutional rights against them. Beginning July 1, 2020, when a party to a family law case invokes their Fifth Amendment right against self-incrimination and refuses to answer questions regarding their alleged adultery, judges may now make an “adverse inference” against that party.
Adultery is a crime in Virginia—a Class 4 misdemeanor under Virginia Code § 18.2-365. … Read More »
Navigating through a divorce can be overwhelming for many people. Adding the complexities of military benefits, pensions, and acronyms on top of everything can add a tremendous amount of pressure to an already stressful situation. Both servicemembers and their spouses rely heavily on their friends and family for support during the difficult time of separation and divorce. However, many military families go through a divorce while stationed in another state, apart from their support networks.
Each state has its own set of laws governing divorce, and Virginia has a very particular set of divorce laws. However, the benefits to which servicemembers and their spouses are entitled both during and after a divorce are based on federal law—meaning they will remain the same in every state.
Given the complex interaction between state and federal law in every military divorce case, a large number of … Read More »
The COVID-19 pandemic has impacted nearly every aspect of our lives. Aside from the health of those afflicted, perhaps the greatest damage has been economic. Unemployment has skyrocketed, affecting even people who previously felt secure in their employment.
Losing a job for any reason is stressful. For those who have a child or spousal support obligation, there is an extra level of concern. The good news for those people is that, with some exceptions related to spousal support, the law does provide relief to those who qualify and know how to seek it.
First the exceptions. In Virginia, a spousal support obligation is not modifiable if:
It is pursuant to an agreement (as opposed to ordered by a judge) that was entered into prior to July 1, 2018, and the agreement does not state that spousal support is modifiable; or
It is pursuant to … Read More »
On March 12, 2020, Governor Northam declared a state of emergency in the Commonwealth of Virginia in response to the Coronavirus Disease 2019 (COVID-19) pandemic. In further response to the spread of the COVID-19, Virginia has implemented travel bans, limited public gatherings, closed schools for the remainder of the school year and implemented telework policies in an effort to keep as many Virginia residents in their homes as possible during this time.
On March 16, 2020, the Supreme Court of Virginia issued an order declaring a judicial emergency in Virginia through April 6, 2020. The Supreme Court subsequently entered two additional judicial emergency orders, each time extending the emergency period by an additional 21 days. As of its most recent judicial emergency order, the Supreme Court has extended the judicial emergency period through May 17, 2020.
The judicial emergency order limits matters being … Read More »