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Leesburg Virginia Drunk Driving Defense Law Blog

Protecting one's business in the property division process

Many married people in Virginia are successful entrepreneurs, building a business from the ground up. In addition, many of these entrepreneurs are married. However, not every marriage is meant to last. When a business owner is facing the prospect of divorce, they may wonder how to protect their interest in the business through the property division process. After all, most people going through a divorce do not relish the thought of being a business partner with their ex. Fortunately, there are still some steps business owners can take to protect their business.

One option business owners have if they have an operating agreement is to include provisions that provide all owners of the business with protection should one of them divorce. For example, there could be a clause that prohibits any shares in the business from being transferred unless all partners agree to the transfer, as well as a buy-out clause.

Three charged with DUI in Virginia over New Year's holiday

Perhaps because it is a time when many people are attending parties and staying up late, but police in Virginia are often on high alert over the New Year's holiday for those who may be committing crimes, particularly drunk driving. In fact, three individuals in Loudoun County are now facing multiple criminal charges, including driving under the influence, after being arrested during the recent holiday weekend.

In one incident, after responding to a call involving a reckless driver, police arrested one of the individuals for allegedly getting into a car crash and then fleeing the scene of the accident. When police arrived, the accused reportedly tried to speed away, but ended up striking a tree. That individual was charged with DUI, hit-and-run, breath test refusal and destroying property.

Raising a child after divorce through co-parenting

When a couple in Virginia has a child, they naturally want to give their child the best upbringing possible. If they are in a romantic relationship with one another, parents will work together to provide their child with all of the child's physical, mental and emotional needs. However, even if their relationship does not last, parents will find that they may still be able to work together to raise their child. They can do this through co-parenting.

When a divorced couple co-parents, they can still have a business-like relationship with one another, even if their romantic relationship has come to an end. By keeping their focus on the child's best interests, they can do what is right for their child. This means that both parents must respect the fact that they both have a right to be involved in their child's life. Doing so is not always easy, but by letting go of their anger and resentment towards one another, they may be able to come to a common ground about how they will raise their child.

Understanding wills and trusts: part 2

Wills and trusts have their similarities, but many of their attributes make them distinctly different. For those creating their estate plans, it is important to select the best option for their particular situation.

The first article covered the differences between wills and trusts. To decide between the two, there are a few aspects that estate planners should consider.

Understanding wills and trusts: part 1

Most people are familiar with wills as a way for people to share how they would like their estate distributed after their passing. However, a trust is another option to consider during estate planning that may help to reach the same result.

To select the best option, it is important for people to take time to compare the two. There are a couple of key facts to know about wills and trusts:

Why to execute a prenuptial agreement before your wedding

The New Year is here, and many couples in Leesburg that got engaged in 2017 are finalizing their plans for their 2018 wedding. Whether they plan on marrying on Valentine's Day in February, or whether they are planning for an autumn wedding this year, it is never too late for them to think about their financial futures, both as a married couple and as individuals. While no couple in love can anticipate divorcing, the fact of the matter is that divorce does happen.

A divorce can significantly affect a person's finances. Property will need to be divided between the spouses, as will debts. Also, one spouse may be obligated to pay alimony to the other spouse. Therefore, couples getting ready to walk down the aisle may want to give some thought to the fact that they should each be protected financially should their marriage not last. One way to obtain this protection is by executing a prenuptial agreement prior to getting married.

What counts as income when it comes to child support?

In Virginia, how much child support each parent is responsible for depends heavily, but not exclusively, on their gross incomes.

While how much person a Leesburg resident makes is sometimes pretty easy to figure out, such as when all of their money comes from one job, at other times, determining what counts as income for the purpose of establishing a child support obligation can be complicated and controversial.

Do I have to take field sobriety tests if asked?

A previous post on this blog talked about what could happen to a Leesburg, Virginia, resident if he or she refuses to take an official breath or blood test after an officer conducts a valid DUI stop and asks them to take this test. Basically, a person can wind up with a very lengthy license suspension, even if he or she ultimately does not get convicted of or even wind up facing drunk driving charges.

Virginia police also use other tools to help them decide whether a driver on one of Virginia's roads is legally intoxicated and, thus, in violation of Virginia's drunk driving laws. One such tool is a series of field sobriety tests, with which many people are already familiar.

An empty nest could lead to the decision to divorce

When people in Virginia make their marriage vows, they do so with the intention that they will be wed to their partner for the rest of their lives. This is true whether a person marries at age 20 or at age 50. While divorce may not seem likely when a couple decides to get married, the fact of the matter is that in our country anywhere from around 40 to 50 percent of married couples ultimately end up divorcing.

People in Virginia may wonder if there is a certain age at which couples may be more apt to divorce. One legal professional believes that people are most likely to seek a divorce when they are in their mid to late 40's. Oftentimes around that age, a couple's children have grown, leaving the couple with an empty nest. Without the common focus of raising their children, couples at this stage may be forced to reckon with the fact that they have grown apart over the years.

When are 'harmless' pranks against Virginia law?

Everyone likes a good laugh, although unfortunately sometimes it is at another's expense. Some people in Virginia, especially teenagers, find it funny to make prank phone calls, for example. They may think that in the end, they are doing no harm. After all, it's just a joke, right? Not always. Sometimes prank phone calls constitute illegal harassment.

In Virginia, if an individual, through a phone call or text message, utters obscenities, uses vulgar language, or threatens the person they are talking to may be charged with harassment. Additionally, an individual who indicates that they'll break the law or do something else immoral, intending to force the person to do something, intimidate the person, or harass the person, may face charges for illegal harassment. This criminal offense is considered a Class 1 misdemeanor.

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