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Posts tagged "Family Law"

How can a prenuptial agreement help any couple?

Prenuptial agreements have many important benefits for couples entering a marriage. There are many misconceptions and misunderstandings often associated with prenuptial agreements but they are an excellent family law legal tool to help couples entering a marriage establish property rights for their marriage.

What are the benefits of a prenuptial agreement?

Prenuptial agreements are sometimes misunderstood as only a tool for the wealthy to protect their assets from a soon-to-be spouse. Prenuptial agreements can protect assets but they can do so for both spouses and can provide a variety of other important benefits and protections couples entering a marriage should consider.

A divorce can generate a wide spectrum of emotions

People in Virginia who are contemplating ending their marriages have many questions. Who will get custody of the kids? Where will I live? Will I receive alimony? Perhaps the most common question, one that rarely generates a straight answer, is "What does a divorce feel like?" A recent compilation of reactions from husbands and fathers illustrates the wide spectrum of emotions that a divorce can generate.

Does Virginia allow no-fault divorces?

Most states allow what are called "no-fault divorces." In these states, a couple can end their marriage by agreement and without proving that one or both parties engaged in conduct detrimental to the marital relationship. Virginia's divorce laws make the path to marital termination somewhat more complex.

Annulment of a marriage in Virginia

Most couples who get married and later choose to end the marriage will follow the legal steps for a divorce. Occasionally, however, a marriage is either void from its inception or contains a legal flaw that allows either spouse or a third party to commence an action to annul the marriage. The difference between a divorce and an annulment is straightforward: a marriage that is terminated by an order for annulment never existed in the eyes of the law. A marriage that is ended by divorce is a marriage whose legal existence was ended by judicial decree.

Modifying an order for divorce in Virginia courts

Many Virginia residents who have endured the stress and anxiety of a divorce believe that the process is over when the court signs and enters the final order. Unfortunately, for some, life does not always proceed as they expect, and unanticipated events can often create a need to modify the court's final order for custody or support. Can such modifications be accomplished? If so, how?

What is the court procedure if a family law order is ignored?

Family law disputes are common in Virginia and it is often left up to the court to issue orders and make sure they are followed. If there is a family law order regarding spousal support or child support, or additional support and maintenance are owed and the person ordered to make the payments fails to do so, it is important for both sides to understand what steps will be taken under the law. For people who are dealing with these issues, getting the right legal information is crucial to attempt to settle the matter for the party who is to receive the payments and the party who has been ordered to pay and has been accused of failing to do so.

How mediation can help divorcing parties settle their disputes

Anyone in Northern Virginia who is contemplating a divorce may be concerned about the emotional and financial stress of the process. Mediation could be a means of expediting the divorce process and alleviating the inevitable emotional turmoil. An understanding of the basics of mediation can be the path to a relatively smooth divorce process and an outcome that is acceptable to both parties.

Establishing paternity in Virginia

Most residents of northern Virginia know that paternity means the legal relationship between a child's biological father and a child. However, this relationship cannot be established as easily as the obvious relationship between a mother and her child. A man can admit to being the father of a newborn child born by an unmarried woman by signing an Acknowledgement of Paternity form. If the parents are not married, signing this form is an easy way for the father to establish the child's last name and to ensure that this is the name entered on the birth certificate. Most birthing hospitals have the form available, but if the form is not available, it can be obtained and signed at the Office of Vital Records in Richmond, at a local health department clinic or at local departments of the social services and child support offices.

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