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October 2018 Archives

When can one seek an expungement in Virginia?

When a person in Virginia is charged with a crime, he or she will incur a criminal record. Even if the person is ultimately acquitted, those who perform a background check can still learn that the person had been charged with a crime. This could present problems in the life of the accused. Therefore, they may seek to have their criminal record expunged.

Is there a presumption in favor of mothers in child custody laws?

Years ago, it was often assumed by many courts in Virginia and elsewhere that, when parents divorced, the mother was the most suitable parent to receive sole custody of the child, while fathers were relegated to visitation periods on weekends and perhaps one evening a week. This was based on the assumption that the child had a primary attachment to his or her mother. However, courts across the nation are ruling more in favor of shared custody and what meets the best interests of the child.

Can Virginians pursue a 'no-fault' divorce?

Some marriages come to an end due to a specific act of one spouse. For example, one spouse may be unfaithful to their partner or may be abusive. While Virginia law does recognize several different specific fault-based grounds for divorce, it also recognizes what is coequally known as "no-fault" divorce. Per Virginia Code ยง20-91(9)(a), the requirements for a no-fault divorce differ depending whether the couple has children and on the length of time the couple has been separated.

An overview of drug schedules in Virginia

For the purposes of charging a person with a drug crime, the potential charges and penalties faced depend on what type of alleged drug was confiscated. The Virginia Drug Control Act categorizes controlled substances into five different levels, from most serious to least serious. These categories are referred to as "schedules." The following is a brief overview of what types of drugs fall under these schedules.

When does a DUI become involuntary manslaughter in Virginia?

A motor vehicle accident can turn into a tragedy, if a person dies as a result. When this happens, people may be quick to assign fault to the driver that allegedly caused the accident. In some cases, an individual may be charged with a crime in connection to a fatal car crash, especially if it is alleged that the individual was intoxicated when the accident took place.

Prenups and postnups are about more than just dividing assets

What is behind many divorces? Some may say disagreements about money and a lack of communication between spouses are two primary reasons a couple may decide to end their marriage. However, executing a prenuptial agreement (called a premarital agreement in Virginia) or a postnuptial agreement (called a marital agreement in Virginia) can help couples open up the door to discussions on the touchy subject of finances, in a manner that allows them to be open and honest with one another. This can help set the stage for positive communication between the spouses in the future. And, if the marriage does not last, a prenuptial agreement can make the divorce process run smoother.

My ex is hassling me about child support. Should I worry?

As you may have discovered, few single parents have little to no issues regarding child support. Finances can be difficult for both custodial and non-custodial parents, and your ex-spouse may be feeling bitter about paying child support. However, does this mean your ex can demand to see receipts and tell you what to spend the money on? You and other parents in Virginia who receive child support may have an interest in learning the answer.

Where can parents turn for assistance with child support matters?

The Division of Child Support Enforcement is the agency in Virginia that provides child support services to parents in the commonwealth. It provides services to both custodial parents and noncustodial parents. Therefore, it is a crucial component in ensuring that parents receive the correct amount of child support they are owed in full and on time.

Sensors being developed in Virginia to detect drunk driving

Technology in automobiles is developing at a rapid rate. People in Virginia may already own vehicles that have sensors allowing them to see behind them when parking or detecting when they are swerving outside their lane. Now, a new sensor is being developed to combat a serious issue: drunk driving.

Assisting Virginians throughout the criminal trial process

When a person in Virginia is placed under arrest, they may feel confused, embarrassed or intimidated. They may be afraid of what will unfold in their future. Will the charges against them be dropped? Will they have to face a judge and jury in a trial? And what will happen to them if they are found guilty?

What financial issues will be addressed in a Virginia divorce?

Divorce is one of the biggest changes in life a person can undertake. Not only is one transitioning from married life to being single, but they may find that this transition touches not only their personal life, but their financial situation as well. Therefore, it is important to have a clear understanding of financial issues that will need to be settled in the divorce process.

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Leesburg, VA 20176

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