The Livesay & Myers, P.C. Blog

The 2018 session of the Virginia General Assembly made some major changes to the Virginia Code that will affect the issue of the modification of spousal support in Virginia starting July 1, 2018.

Modification of Spousal Support When a Separation Agreement Is Silent About Modification

Until these recent changes in the law, it has been well settled in Virginia that if a separation agreement (frequently referred to as a “marital settlement agreement” or “property settlement agreement”) is silent as to whether an award of spousal support is modifiable due to a material change of circumstances, then the presumption by a court is that the award was fixed and could not be revisited or modified. As a result, some parties were signing agreements with the intent that they would have the ability to modify the spousal support award, but instead, would later discover that because the … Read More »

A contested divorce or custody battle is one of the most stressful and emotional times in a person’s life. If you suspect a cheating spouse or are concerned for the welfare of your children, you may go to any length to gather evidence to prove your suspicions. You may be tempted to break into your spouse’s emails or social media accounts, record their communications, or use surveillance to track their movements. However, it is best to seek legal advice and proceed with caution so that you do not unwittingly break the law, and expose yourself to criminal and financial consequences. Furthermore, evidence you obtain unlawfully may be excluded as evidence—making its gathering not worth the risk in many cases.

Intercepting Your Spouse’s Emails and Conversations

The Interception of Wire, Electronic or Oral Communications Act, found in Virginia Code § 19.2-61 through § 19.2-70.3, governs the legality of … Read More »

Virginia is an “equitable distribution state,” which means that in any divorce proceeding, a circuit court is permitted to classify parties’ properties and debts as either separate property, marital property, or a hybrid property (consisting of both separate property and marital property funds). Once the circuit court classifies the parties’ properties and debts, then the court is authorized under Virginia law to divide these assets and debts accordingly.

One such type of marital asset that a Virginia circuit court will divide is any retirement accounts titled in either party’s name. In Virginia, the division of a retirement account shall not exceed fifty percent (50%) of the marital share. Under Virginia law, the marital share is is defined as the portion of the total interest that was earned during the marriage until the parties’ date of separation.

What Types of Retirement Accounts are … Read More »

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 »

Under Virginia law, a separation agreement might be “incorporated” into the parties’ final order of divorce. The circuit court granting the divorce has broad discretion to incorporate all, some or none of the provisions of the parties’ 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 the order?

Contract vs. Court Order

To begin answering those questions, let’s step back and ask: what is the difference between a private contract and a court order? A court order permits the trial court to enforce the order via the contempt powers of the court. A contract, on the other hand, can merely be enforced as a private agreement between two parties. Common remedies for breach of contract are relief in … 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 »