Frequently Asked Questions:
Family Law

THE INITIAL CONSULTATION
The initial consultation with a potential client takes approximately 1 2 to 2 hours and is completely confidential. During that time, the potential client will be asked about the facts and circumstances of his or her case, including assets and liabilities. A discussion of Virginia law and the applicability to the facts of the potential client's case will be reviewed. At that time, suggested Ado's@ and Adon'ts@ will also be covered. A flat fee in the amount of $275 (cash or check only) is charged for this initial consultation. The initial interview does not obligate the potential client to hire the attorney, or the attorney to take the case. This is an opportunity for the potential client to obtain information and possible strategies for handling his or her case, as well as an opportunity for both the client and the attorney to gauge whether a successful working relationship can be established.

FAMILY LAW

• Adoptions
• Annulments
• Child Custody & Visitation
• Child Support
• Divorce - Contested & Uncontested
• False Claims of Abuse Defense
• Grandparent Rights
• Guardianships
• Prenuptial / Postnuptial Agreements
• Property Settlements
• Protective Orders for Domestic Violence
• Separation Agreements
• Spousal Support

Domestic Relations

How can I get a legal separation in Virginia?
Virginia law does not use the term Alegal separation.@ When one spouse moves out of the marital home, with the intent to remain separate from the other spouse, that constitutes a separation for purposes of later seeking a divorce. When the time comes for the divorce, your sworn testimony of when you separated, along with a corroborating witness to verify the date of separation, is all that is usually needed to establish your date of separation, unless it is in dispute. Some couples choose to enter into a written Separation Agreement that memorializes the date they separated, and also stipulates that the separation was by agreement of both parties.

Can I vacate the marital residence or will I be charged with abandonment?
Most divorces start with one person moving out of the marital residence, but there is a risk that the other spouse will claim desertion. A claim of desertion could affect your right to receive spousal support and/or your share of the marital property, and could be a factor in determining custody and visitation of the children. However, in most cases, the mere fact that one spouse moved out of the marital residence is insufficient to prove legal desertion or abandonment. In order to prove abandonment, the party making such a claim must prove by a preponderance of the evidence that the other spouse left with the intent to abandon. Abandonment is defined as one spouse leaving with the intent to never return.

Can I make my spouse leave the house?
It is difficult to force a spouse out of the marital home, absent incidents of domestic violence. Even if you pay the entire mortgage and/or rent and utilities, or the property is titled only in your name, or you owned it before the marriage, it is still considered a marital residence. In cases of domestic violence, you can seek a Protective Order which may force your spouse out of the home for up to two years. Once a divorce has been filed, you can seek exclusive use and possession of the home, but you must first have grounds for divorce, such as adultery, or physical and/or mental cruelty.

More Domestic FAQ's