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December 2018 Archives

New Year heralds in new tax laws affecting divorce

On New Year's Eve, some couples in Virginia toast the occasion with a glass of champagne and a kiss. However, some couples are preparing to divorce and go their separate ways. However, they should be aware that in 2019 some significant changes in federal tax laws will go into effect that could impact certain divorce legal issues, including spousal maintenance and child custody.

Virginia courts must consider many factors when dividing assets

Married couples in Virginia who are facing a divorce may find that one of the most contentious issues is property division. After all, certain marital assets have significant financial or sentimental value. For example, disputes can arise as to which party will retain investment accounts or which party will retain family photos. Sometimes, couples can decide who gets what in the property division process and reach a settlement that they are both satisfied with. However, other couples will need to turn to the court for a decision on property division issues.

When must a motorist use an ignition interlock device?

Virginia's drunk driving laws are very strict and have significant penalties. In addition to fines, the loss of one's driver's license and possible jail time, a person convicted of DUI will need to have an ignition interlock device installed on all vehicles they drive, except for employer-owned vehicles used only for job purposes, as long as the motorist is not self-employed. This is true even if it is a person's first offense.

How legal drugs can cause you to get a DUI charge

Of course, you know that driving after consuming alcohol or an illicit drug is dangerous and illegal. However, did you know that even legal drugs may cause you to face DUI charges? It is absolutely true that you can be put under arrest and receive a conviction for driving under the influence of legal medications. 

Can Virginians possess products containing CBD oil?

The use of marijuana for medicinal purposes is becoming more acceptable to many in the United States, with 23 states legalizing the use of medical marijuana. However, marijuana use is still illegal on a federal level. Virginians may understand that smoking "weed" is against the law, but they may wonder if these bans extend to products such as oils containing cannabidiol (CBD), a compound found in the marijuana plant.

Help is available when custody issues arise during the holidays

Celebrating the holidays after a divorce can be complicated, especially if you have children. Parents in Virginia want the holidays to be a good time for their kids, so it is important for both of them to be on the same page when it comes to child custody and the holidays. For many, this means reviewing their holiday child custody and visitation schedule and respecting each other's time with their child.

When may courts deviate from statutory child support guidelines?

Virginia, like other states in the nation, has statutory guidelines that dictate how much child support a parent will owe. However, these guidelines are not ironclad. A parent, in certain circumstances, can rebut the presumption that the statutory guidelines should be followed. The following are some factors the court will consider when determining whether it is appropriate to deviate from the commonwealth's statutory child support guidelines.

What happens if a juvenile is tried as an adult in Virginia?

Many teenagers in Virginia get into trouble from time to time. After all, making mistakes is part of growing up, and teenagers may not have the maturity to understand the consequences of their actions. Sometimes a poor decision doesn't break the law and it is up to the teenager's parents to punish the child. However, other times a teenager may be accused of committing a very serious crime and may be facing the prospect of criminal proceedings.

Virginia law permits annulments in certain circumstances

Most Virginians know that one way to end a marriage is through a divorce. After all, even if they have not gone through a divorce themselves, it is likely that they know someone who has. However, there is another way to end a marriage in Virginia: through annulment.

What defenses may be available to Virginians facing drug charges?

Whether it is possession of marijuana or possession of a more dangerous substance, such as methamphetamine, drug possession is a serious crime in Virginia. With penalties such as years behind bars, steep fines and a criminal record at stake, it is important to take possession charges seriously. The following are some examples of defenses that might be used to counter drug possession charges.

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Leesburg, VA 20176

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