At Melone Hatley, PC, we understand that going through divorce is never easy. However, there are some steps you can take today to ease the burden and properly plan, so you don’t have a long-drawn-out process. Here is a list of 10 things we think is crucial to help you: 1. NEVER Threaten Divorce Until …
A Guide to Divorce in Virginia
The end of matrimony can be a stressful, unpleasant time that can do irreparable damage to relationships and even your personal psyche. Sometimes, however, it can also be a time for celebration if one manages to escape an abusive spouse. Either way, it requires hours of paperwork and can be time-consuming, particularly if the divorce …
Do I Need a Separation Agreement in Virginia?
Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof. It is strongly advised, though, that they enter into a separation agreement, also called a marital settlement agreement or property settlement agreement. …
Mental Health Issues in Custody Cases
In recent years there has been a sharp increase in accusations of mental health issues in child custody cases. Parents who have a history of any mental health diagnosis are often faced with attacks based on their condition when requesting custody. What impact does having a diagnosis actually have on your case? Mental Health Diagnosis …
Guide: Child Support in Virginia
In Virginia, a parent who does not have primary physical custody of their child generally has a duty to pay child support. This duty can arise from either one parent filing in court for child support or from filing with the Division of Child Support Enforcement (DCSE), for a determination and entry of an administrative …
Children’s Testimony in Virginia
In any custody case, parents may want the court to hear directly from their children. The children can provide information about the parent’s relationship, any abuse they have experienced, and other relevant events for the court’s consideration. In family law we often have one party’s word against the other – and the only other potential …
Myths in Military Divorce
Going through a divorce is difficult. If one spouse is in the military, it can complicate things even more. Navigating the complexities of military benefits and martial share of pensions while learning the legal system and trying to move on with your life can be impossible. Service members and their spouses are flooded with information …
Mask or No Mask – Who Gets to Choose?
Up until last week, Virginia public schools required all students to wear a face covering during school. Now, the governor has issued new guidance that parents may elect whether or not their student has to wear a mask. But for divorced or separated parents – the decision may not be quite so easy. Parents who …
Proving Adultery in Your Divorce Case
It’s more than a feeling … your spouse stays out late, “at work,” when they’re at home they’re distracted and on their devices … they have a “friend” who is just a little too close. You know something is wrong, but could you prove it in court? Virginia makes getting a divorce based on adultery …
Should You Use Social Media During Divorce?
Social media has become a huge portion of our lives – from sharing our daily activities, funny anecdotes, photos of our families and our food, friends and colleagues get a glimpse into your private life that they otherwise would not have access to. During a divorce, navigating social media can be tricky. Making a post …
12 Mistakes You Should Avoid During a Divorce
Unfortunately, for many people, some of the biggest mistakes that they make in their life come about during a divorce. The divorce process is unfamiliar, stressful, and often painful. There’s a lot at stake. Often, people settle for less than they deserve because of a long, drawn-out battle. In many cases, they fail to realize how …
I’m Separated and Dating – Will It Hurt My Case?
You’ve been through the hard part – you and your spouse separated and you’ve been moving through your divorce. You start living your separate lives and realizing you are ready to move on. But what about your divorce? If your case isn’t final yet, things can get complicated quickly. It can take a while to …
Child Custody in Virginia… Can I Relocate Out of State?
You may be able to relocate out of state if you are a custodial parent in Virginia; however, certain laws and requirements apply. For example, if you have a current custody order, you will have to notify the court and the non-custodial parent within 30 days of your expected move. The noncustodial parent may also …
Unique Issues of “Grey” Divorce
Put simply, a Grey Divorce, is any divorce for individuals over 50 years old or for individuals who have been married for more than 25 years. Having done Grey Divorces for several years, what I found online was a lot of vague descriptions and misinformation. In reality, a Grey Divorce operates similarly to any other …
So You’re Officially Divorced … Now What?
Even after your divorce case is final, the work may not be done. Our clients are often surprised that everything may not be over just because the divorce has been signed. The emotionally draining process of exchanging information, settlement negotiations, and even trial may only be the beginning. Common Issues After Divorce Vague or inexact …
Who Inherits If No Will In Virginia?
Shockingly, some 55 percent of American adults have neither a will nor any other type of estate plan in place. This number has remained fairly steady for the past fifteen years and does not take into account the number of adults who have put medical directives in place—a number which has actually increased. Although medical …
What Happens if We Agree With Divorce?
Sometimes co-parents are able to work out terms and schedules without court involvement. In these cases we are often asked – “Do I still need an attorney?” It’s always advisable to have an attorney review or draft your agreement to fill in any vague terms, ensure statutory requirements are met, and to plan for the …
10 Steps You Can Take Today to Protect Your Child’s Inheritance
Everyone wants to protect their children. In addition to protecting them from physical and psychological harm, one of the most important ways to protect your children is to ensure their inheritance is secure. It’s critical that you take action now to ensure your children are able to access your assets when you die. To help …
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