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November 2017 Archives

What is worse: divorce or staying together for the child's sake?

When Virginia couples decide to end their marriage, they may be concerned about how the split will affect their children. This is with good reason, as a divorce affects every member of the family, not just the spouses. Some parents may think they are better off putting the divorce off or even staying in an unhappy marriage for the sake of the children. However, staying together for this reason, rather than divorcing, can have a negative effect on the child.

New law regarding marijuana possession takes effect in Virginia

These days some people may not see marijuana possession as dangerous as people thought it was in years past. In fact, some states have even decriminalized possession of the drug. While Virginia has not gone that far, a new law has taken effect that would reduce the penalties associated with marijuana possession.

Ascertain your business's value before divorce negotiations begin

Small business owners contribute greatly to the economy of Virginia. Oftentimes a person or couple with a gem of an idea can develop that idea into a flourishing business. However, just because their business is successful doesn't mean their marriage will be. When small business owners divorce, they must decide what to do with what may be their largest asset -- the business itself.

What are the penalties for refusing a breath test in Virginia?

Being pulled over on suspicion of drunk driving in Virginia can be intimidating. People may be nervous when performing field sobriety tests, even if they are sober. Moreover, they may be concerned about what their future will bring if they fail a breath test. Therefore, a person accused of driving under the influence may be tempted to refuse to take a breath test. However, they should be aware that there are consequences for doing so.

Why Thanksgiving is a peak time for drinking

If you are asked to name the holiday that results in the most drinking and drinking-related charges, you might list New Year's Eve or the Fourth of July. However, for many people, the extended Thanksgiving weekend is right up there with these other holidays.

With the privilege of driving in Virginia comes implied consent

While of course people in Virginia can enjoy a beer, glass of wine or cocktail any time of the year, the autumn and winter holidays are ripe with the tradition of including alcohol in their celebrations. Most of the time people are responsible when they drink. Of course, even responsible drinkers could be pulled over by police while driving, even if their blood-alcohol content is below the legal limit. However, in order to determine whether or not a driver's blood-alcohol content is above the legal limit, a breath or blood test must be performed.

What are the penalties for the sale of marijuana in Virginia?

While some states in the nation have legalized marijuana manufacturing, sales and usage, Virginia is not one of them. In Virginia it is illegal to manufacture, sell or use marijuana for recreational or even medicinal purposes. Moreover, the manufacturing, sale and usage of marijuana also violates federal law.

We can help clients create workable child custody plans

Parents in Virginia who have divorced may have found that despite their break-up, they still must communicate and cooperate with one another so that they can raise their child in a healthy environment. Whether this means making sure drop off and pick up times for custody exchanges or visitation periods are followed, ensuring that their custody holiday schedule is honored or communicating if the child is sick or having trouble at school, when parents divorce they will still have to stay in contact, at least minimally, for the sake of the child.

Plan ahead for your holiday child custody schedule

The holiday season is quickly approaching. Halloween has passed us, and Thanksgiving and the winter holidays will be here before we know it. For divorced parents, this means setting up a holiday child custody schedule or reviewing an existing one. This step is best done well before the holidays, as making a last-minute decision can cause pressure and conflict. Parents do have choices, however, about how they want to celebrate the holidays with their child.

Are there clues that indicate a greater likelihood of divorce?

When two people in Virginia get married, they are usually in love with each other and anticipate sharing their lives "until death do us part." However, the reality is that not every marriage is meant to last. This may lead some to wonder, are there some factors that indicate that a couple is more likely to divorce?

When can a Virginia court deviate from child support guidelines?

Like other states in the nation, Virginia has statutory guidelines for calculating child support. However, every person's family and economic situation is different. Therefore, it is possible to rebut the presumption that the guidelines will be followed.

How to prepare for executing a prenuptial agreement

While love can do many things, sometimes a couple's life changes in significant ways. Couples in Virginia may find as the years go on that they have fundamental disagreements on major life issues, or they may find they have simply drifted apart. No matter what the reason, however, they may come to the conclusion that life is too short to spend in an unhappy marriage, and they are better off divorcing.

Are sobriety checkpoints in Virginia legal?

Several times a year, often around holidays, police in Virginia set up "sobriety checkpoints." At these checkpoints, police will stop a certain percentage of motorists (such as every sixth motorist). At these stops, police will look for signs of drunk driving. Usually sobriety checkpoint locations are determined based on statistics regarding accidents and arrests, in addition to considering the safety of both drivers and police. For example, while it may not be safe to set up a checkpoint on a highway, it may be safe enough to set up a checkpoint on an on-ramp.

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Sevila, Saunders, Huddleston & White
30 North King Street
Leesburg, VA 20176

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