The Livesay & Myers, P.C. Blog

Prospective parents, when considering their options, may choose the international adoption route. When deciding whether or not this option is best for your family, it is important to have an idea what that process will look like. Some of the rules will differ depending upon whether you chose to adopt from a Hague or non-Hague convention country. The process will also vary based on the specific country from which you choose to adopt. What follows here is just a general overview of the international adoption process.

The Hague Convention, by the way, is an international agreement that sets forth common standards to protect children subject to an international adoption. If you are a United States citizen residing in the United States, and seek to adopt a child residing in another country subject to the Hague Convention, you will have to comply … Read More »

Sole vs. Split vs. Shared Child Support Guidelines

Virginia law recognizes the obligation of parents to support their children financially, and the Virginia child support guidelines account for that fact. The guidelines take into account the gross incomes of the parties, health insurance expenses incurred for the children, work-related childcare costs, and support of other children who were not born between the parties. Because both parents are financially responsible to and for their children, each parent is made responsible for a certain percentage of the whole child support amount determined under the guidelines, with the whole child support amount equaling what the parents would be able to provide for the children in the event the family still resided in one household.

Virginia has different child support guidelines for sole, split and shared custody arrangements. Each guideline is different and takes into account a … Read More »

A question I frequently receive from family law clients or potential clients is: “the other party has violated our court order—so what can I do about it?”

When one party violates a previous order from a Virginia court, the other party has the opportunity to petition the court for enforcement of the order. In Virginia, this is called a Petition for a Rule to Show Cause. At the Show Cause hearing, the judge will give the person alleged to be in violation an opportunity to defend their actions, and present evidence as to why they may have violated the court order. If the court is not satisfied by that evidence or explanation, it may hold the violating party in contempt and may issue a punishment based on the type and severity of the violation.

Punishments may be civil or criminal, and will vary depending on … Read More »

In Virginia, courts are required to base custody and visitation determinations on the best interests of the child. The specific factors courts should consider in determining what is in a child’s best interests are set forth in Virginia Code § 20-124.3. One of these factors is:

“[t]he propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child.”

This factor generally appears in custody and visitation cases where one or both parents is speaking negatively about the other parent around the child, or overtly barring access to the child without cause. (Speaking negatively about the other parent “around the child” can include denigration of the other parent on social media.)

This factor also comes into play when the primary … Read More »

Are you separated from your spouse, or otherwise undergoing marital difficulties? If so, you may find yourself wondering whether your spouse can disinherit you. In Virginia, the short answer is no. Virginia law protects surviving spouses from being disinherited by allowing the surviving spouse to claim an “elective share” of the decedent’s estate if the decedent died without a will, if the spouse is omitted from the will, and even if the decedent explicitly disinherited the surviving spouse in the will. The right to an elective share continues even where the parties are separated or pending divorce, until a divorce is final.

What Are You Entitled to Under the Elective Share?

The answer to this question is going to change for decedents dying on or after January 1, 2017, based on some 2016 revisions to the Virginia Code.

For decedents dying before January … Read More »

For single parents of children with a disability or special needs, navigating the issue of child support can be a confusing and anxiety-ridden process. These parents may require more child support than is called for by the statewide guidelines in Virginia, and may require child support well past the time child support usually ends. A proper understanding of several points of Virginia law can greatly assist these parents in meeting the special needs of their children.

Deviation From Guidelines

The starting point for determining child support in all Virginia cases is Virginia Code § 20-108.2, which sets forth statewide child support guidelines. The guidelines provide a child support amount based on the incomes of the parties and any costs incurred for health care coverage and work-related child care. While such a straightforward formula may be appropriate under ordinary circumstances, custodial parents of children with a disability … Read More »

Desertion v. Separation in Virginia

Virginia Code § 20-91 provides for divorce on either fault-based grounds or no-fault grounds in Virginia. The grounds for divorce listed there include, among others, both (a) the fault-based ground of willful desertion or abandonment, after one year and (b) the no-fault ground of living separate and apart without any cohabitation and without interruption for one year. The separation period for a no-fault divorce is shortened to six months where the parties have entered into a separation agreement and have no minor children.

All of which leads to this common question: how does one live “separate and apart” to qualify for a no-fault divorce, without being found guilty of willful desertion or abandonment?

Virginia courts distinguish desertion from mere separation by looking at the specific behavior of the parties. Courts have consistently found that one party moving out of the marital bedroom … 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 »

You have made the difficult decision to separate from your spouse, but there are insufficient funds in the family budget to support two households. Perhaps it is unclear which party will permanently remain in the marital residence, and neither is willing to move out without having a financial agreement in place. For whatever reason, you find yourself separated from your spouse while living under the same roof. There are several issues to be aware of if you are contemplating living with your spouse during separation in Virginia.

Clients frequently ask whether time spent separated yet living under the same roof as their spouse counts toward the requisite separation period necessary for a no-fault divorce. In Virginia, spouses can obtain a no-fault divorce after six months of living separate and apart without any cohabitation and without interruption, if there are no minor … Read More »

Postnuptial Agreements in Virginia

Every year, it seems that more and more individuals are seeking prenuptial agreements. What was once a tool used only by the rich and famous has increasingly become a mainstay of domestic relations law. Statistically, prenuptial (“existing or occurring before marriage”) agreements, or “prenups,” are used more often by individuals who have been married before or are getting married for the first time later in life. They are often used to protect a separately-owned business or to contractually limit (or eliminate) a spousal support obligation to the other party. But what if you’re ten years into a marriage and want to start a business? Or you decide to change careers to a more lucrative field? Can you still get the advantages of a prenup after marriage?

The short answer is “yes.” The Virginia Premarital Agreement Act is part of … Read More »