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December 2017 Archives

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.

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.

Can shared parenting benefit children in Virginia post-divorce?

When parents in Virginia turn to the courts to make child custody decisions, the court will make the decision based on what it believes is in the "best interests of the child." Of course, this doesn't mean making such decisions is easy. Despite the often-equal roles that both fathers and mothers have in raising their child, some courts still stick to the antiquated notion that children should be raised by their mother after a divorce. In fact, in around 80 percent of child custody cases, it is the mother who is awarded sole custody, and the father is only granted visitation. However, is this really in the child's best interests?

False domestic violence allegations effect on children

For any number of reasons, some parents make false domestic violence allegations against their children's other parent. Sometimes, it is in an effort to gain the upper hand in a divorce or custody battle. Sometimes, it can be a play for revenge. In a few situations, it can be a misguided endeavor to protect children. For example, parents might make a false allegation because they think the co-parent's new partner is a terribly bad influence on the children.

Don't face drunk driving charges alone this holiday season

People in Virginia may see an increased presence of police officers patrolling the roads this holiday season. After all, it is a time of year for celebrations where some people will choose to have an alcoholic drink or two. However, overzealous officers will be eager to snare people they believe are drunk driving, which may result in false accusations and the trampling of your legal rights.

Virginia mom charged with felony after investigating bullying

Most parents in Virginia will protect their children at any cost. So, when one Virginia mother became concerned that her child was being targeted by bullies, she took action. However, her response, carried out with her nine-year-old child's best interests at heart, has landed her in legal hot water.

Refinancing the family home after property division

When it comes to warring spouses in a divorce, the spouse who is granted the house may think he or she has "won." However, homeownership is a financial responsibility, one which now must be done on a single income. Sometimes a spouse in Virginia is happy to no longer be shackled to a home that holds bad memories. Whichever side of the coin one falls on, there are some important things to consider with regards to dividing the family home in the property division process, including the possibility of refinancing once the dust has settled.

Short-lived law affected some Virginian's entire lives

A Virginia law that only lasted a few years has affected certain prisoners for their entire lives. In fact, even though these prisoners committed non-violent crimes and hadn't been convicted of a crime in the past, some of them have been in prison longer than those who have committed murder. The law was a "three strikes" law. It began in 1982. Those convicted under this law became ineligible for discretionary parole after a certain number of years. What's worse is that some of these prisoners didn't know that they were convicted as part of the three-strikes law until it was too late.

Why should one not rush through property division in a divorce?

People in a failing marriage may be eager to end their relationship as quickly as possible. However, those in Virginia who are seeking a divorce may want to make sure they do not act rashly but instead take the time they need to end their marriage in a way that protects their best interests.

Millennials approach marriage and divorce in new ways

Every generation is unique and is shaped by political events, fads and fashions, changing social mores, and more. When it comes to marriage, a person in Virginia might think that young adults, known as "millennials," do not prioritize loyalty in marriage the way that other generations have. They also may think that millennials do not want to adhere to the same traditions as generations past. However, the truth is that even though millennials may put off getting married until they are older, according to some legal professionals, the institution of marriage is still very meaningful to them. That being said, many millennials also realize that life is too short to stay in a troubled marriage that simply cannot be fixed. Generally speaking, millennials who get married do so with the intention of it lasting, but when their marriage hits the rocks they will not put off getting a divorce.

What constitutes the crime of burglary under Virginia law?

When people picture the crime of burglary, they may imagine a person kicking down a door and running away with cash or other stolen goods in the dead of night. However, even acts that are not so nefarious can be considered burglary under Virginia law.

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