How Do I Choose the Best Divorce Lawyer in Roanoke, VA?
Learn how to choose the best divorce lawyer in Roanoke, VA: experience, local court knowledge, communication, fees, and the questions to ask before you hire.
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Preparing for a Custody Hearing in Roanoke’s J&DR Court
For most parents, a custody hearing is the highest-stakes hour they will ever spend in a courtroom. Knowing what to expect – and preparing the right way – changes both the experience and, often, the outcome. Here is how we prepare clients for hearings in the Roanoke City Juvenile and Domestic Relations Court and the courts serving Salem and Roanoke County. What the Hearing Looks Like Custody hearings in J&DR court are bench trials – a judge, no jury. Each… Read More »Preparing for a Custody Hearing in Roanoke’s J&DR Court
How Is Child Support Calculated in Virginia?
Child support in Virginia is less mysterious than parents fear: it starts with a formula. Virginia Code Section 20-108.2 sets guideline amounts that are presumed correct, based on a handful of inputs. Understanding those inputs – and the places where judgment still enters – tells you most of what the number will be before anyone files. The Inputs That Drive the Number Combined gross monthly income of both parents – wages, self-employment income, bonuses, commissions, and most other income sources,… Read More »How Is Child Support Calculated in Virginia?
Co-Parenting Communication: The Habits That Protect Your Custody Case
Here is a truth we share with every custody client in Roanoke and Salem: assume every message you send the other parent will someday be read aloud in court. Communication is both the most common source of co-parenting conflict and the most common exhibit in custody hearings. The habits below protect your children and your case. Write Every Message for the Judge Brief, factual, polite, and about the children. “Pickup at 5 at the school entrance – she has a… Read More »Co-Parenting Communication: The Habits That Protect Your Custody Case
Adultery and Divorce in Virginia: What It Changes and What It Doesn’t
Infidelity ends a lot of marriages, and clients arrive in our Roanoke and Salem offices assuming it will dominate the divorce. Virginia does treat adultery seriously – more so than many states – but its real-world legal effects are narrower and more specific than most people expect. Here is the clear-eyed version. Adultery as a Ground for Divorce Adultery is a fault ground under Virginia law, and unlike the no-fault ground it requires no waiting period. But the proof standard… Read More »Adultery and Divorce in Virginia: What It Changes and What It Doesn’t
Grandparents’ Visitation Rights in Virginia: What the Law Allows
Few calls are harder than the grandparent who has been cut off from grandchildren after a divorce, a death, or a family falling-out. Virginia law does give grandparents a path – but it is a steep one, and honest counsel starts with explaining exactly how steep. Grandparents Can Petition Virginia treats grandparents as “persons with a legitimate interest” who may petition for visitation or, in extraordinary cases, custody. The petition is heard in the juvenile and domestic relations district court… Read More »Grandparents’ Visitation Rights in Virginia: What the Law Allows
Retirement Accounts and Divorce in Virginia: 401(k)s, Pensions, and QDROs
Ask people what gets divided in divorce and they name the house. But in many Roanoke and Salem divorces, the retirement accounts are worth more – and dividing them wrong triggers taxes and penalties that dividing them right avoids entirely. Here is what Virginia law does with retirement money. The Marital Share Contributions made during the marriage, and the growth on them, are marital property regardless of whose employer sponsored the plan. Virginia courts commonly award up to half of… Read More »Retirement Accounts and Divorce in Virginia: 401(k)s, Pensions, and QDROs
Can I Move Away With My Child? Relocation and Custody in Virginia
A new job in Richmond. Family support in North Carolina. A fresh start anywhere else. Relocation cases are among the hardest matters in Virginia family law, because they pit one parent’s legitimate need to move against the other parent’s relationship with the child – and there is no compromise schedule that splits a five-hour drive. The Notice Requirement Virginia custody orders require advance written notice of any intended change of address – generally thirty days – to the court and… Read More »Can I Move Away With My Child? Relocation and Custody in Virginia
Divorce for Business Owners in Roanoke: Protecting What You Built
You spent years building the practice, the restaurant, the contracting company. Now a divorce threatens to put it on the table. For business owners in Roanoke and Salem, the stakes of property division are different in kind – because a business is both an asset to divide and the income stream everything else depends on. Is the Business Marital Property? If the business was started or grew substantially during the marriage, some or all of its value is likely marital… Read More »Divorce for Business Owners in Roanoke: Protecting What You Built
At What Age Can a Child Choose Which Parent to Live With in Virginia?
“My daughter is fourteen – can she decide where she lives?” We hear a version of this question weekly in our Roanoke and Salem custody practice. The short answer: Virginia has no magic age at which a child chooses. The longer answer is more useful. What the Law Actually Says Among Virginia’s best-interests factors, courts must consider “the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express… Read More »At What Age Can a Child Choose Which Parent to Live With in Virginia?