Posted on November 21, 2025 in Child Custody

Virginia parents who are ending their relationship and in the middle of a dispute over child custody will have a litany of concerns. Often, a parent enters the process thinking they are already at a disadvantage for a variety of reasons. One is the preconceived notion that one parent will receive preferential treatment because of their gender.

From the start, people need to understand that state law does not factor in a person's gender when it decides on child custody and parenting time. Still, parents must be vigilant about every part of the child custody determination. To reach a favorable outcome, it is wise to have professional advice from the beginning.

Best interests do not include parents' gender in child custody

The primary consideration in child custody is serving the child's best interests. That includes the ages of the child and the parents, their physical and mental conditions; the environment the child will live in; their education, health care, the child's basic needs; the parental history; being cooperative with the other parent; the child's preferences; and if there were past issues with violence, abuse, or neglect.

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 Posted on November 19, 2025 in Divorce

Yes, you may have options to address hidden assets even after your divorce is final. Courts in Virginia treat asset concealment seriously because it can disrupt a balanced division of marital property. If you learn that your ex-spouse withheld income or property after the divorce, there are steps you might consider to protect your interests.

What happens if you uncover concealed assets?

Finding undeclared property or funds after a divorce can allow you to petition the court to reopen or adjust the divorce order. You will need to show evidence that your ex-spouse intentionally hid those assets during the proceedings. Depending on the situation, the court may:

• Award you a larger share of the marital estate to reflect the newly discovered assets
• Require your ex-spouse to cover legal fees tied to pursuing the property
• Impose sanctions or contempt charges on the spouse who concealed assets

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 Posted on October 24, 2025 in Child Custody

In Virginia family law cases, children can be caught in the middle. Often, both parents want to receive primary custody of their child. When the court assesses cases in which custody is in dispute, there are fundamental factors it will consider. For some parents, there have been past issues that could be brought up as the case moves forward.

While this might be worrisome, it does not necessarily mean that the parent who is confronted with past challenges has no chance at getting custody. In these cases, it is important to recognize what could be referenced in the case and how to mitigate it. This can also impact parenting time, so it is vital to be fully prepared.

Recognize what could cause a problem with a child custody case

First and foremost, the court looks at the child's best interests. That includes the child receiving the proper education, receiving quality nutrition, getting medical care, how old the parents are, how old the child is, if there are special circumstances, the parents' ability to care for the child, and if the child has preferences and is mature enough to express them.

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 Posted on October 16, 2025 in Divorce

The more assets that spouses share with one another, the more opportunities there are for complications during divorce. Couples who have built a well-diversified portfolio of assets may have a lengthy negotiation process ahead as they prepare to divide their resources during divorce.

To reach a fair outcome, spouses generally need to have an understanding of what their property is worth. Seeking out professional valuations of the most important assets in a marital estate can make a major difference for divorcing spouses.

Why does valuation matter?

Asset valuation is important during divorce because spouses may not know what their assets are truly worth. A small business is the perfect example of how challenging it can be to value resources. There are numerous different valuation methods that couples can use, and each of those methods for determining what a company is worth could produce different fair market values.

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 Posted on October 14, 2025 in Divorce

Divorce requires honesty, especially about money. If one spouse hides assets-like cash, property, or income-it can impact how the court divides everything. Virginia law demands complete financial disclosure from both parties. Lying about money can lead to serious legal trouble.

Common methods of hiding assets

Individuals may try to obscure assets by transferring them to friends or relatives, opening undisclosed bank accounts, underreporting income, or deferring bonuses and commissions. Some make large cash purchases to avoid creating a paper trail. These tactics create the illusion of having fewer assets than actually exist.

Legal response to concealment

When a court discovers that one spouse has intentionally hidden assets, it can impose sanctions and adjust the asset division to account for the deception. Virginia applies an equitable distribution standard, meaning assets are divided based on fairness, not necessarily equally. If a party has engaged in fraudulent behavior, the court may award a larger share of the marital estate to the other spouse. In addition, the court may order the dishonest party to pay attorney's fees or hold them in contempt.

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 Posted on October 10, 2025 in Divorce

When people decide to get a divorce in Virginia, they often want to get it over with as quickly as possible. However, the law has a list of justifications for which one must be proven before the divorce can move forward. These are called grounds for divorce.

What people might not realize is that there is a difference between a fault-based divorce and a no-fault divorce. If it is a fault-based divorce, then there is no waiting period. However, since most people get a no-fault divorce, there is a waiting period. When planning a divorce, this needs to be considered as part of the process.

When is there a waiting period for a Virginia divorce?

A no-fault divorce means that the parties do not intend to prove any marital misconduct to end the marriage. A fault-based divorce would mean that there needs to be proof of abuse, adultery, or some other form of misbehavior. No-fault divorces are easier as the parties simply need to adhere to the law and end the marriage.

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 Posted on September 26, 2025 in Divorce

A premarital agreement is designed to detail how property will be split if a couple later gets divorced. In order to be valid, the agreement must meet some strict formal and technical criteria.

Since the premarital agreement limits what they will receive, a spouse might want to challenge it when the divorce gets underway. When crafting the agreement or updating it based on changes in circumstances during the marriage, it is important to understand how to ensure it will be valid and withstand a challenge.

A valid premarital agreement must stand up to scrutiny

Premarital agreements are designed to provide a sense of certainty for both parties if the marriage does not work out and they get divorced. For example, if a person entered the union with significant assets while the other person had less, there will be limits on property division and spousal support.

Still, there are ways a person might question the agreement and claim it should be deemed invalid. It is imperative for the person who wants to retain their property and avoid long-term support payments to create a document that checks all the boxes.

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 Posted on September 12, 2025 in Child Custody

In Virginia, one of the most difficult aspects of divorce and its aftermath is navigating child custody and visitation. Parents will want to spend as much quality time with their child as possible. But that can be difficult as they adapt to the new circumstances.

Even after the custody determination has been made, there can still be lingering disputes. One area that is rife for contentious debates between parents is during the holidays and when the child is off from school for an extended period. For parents who are concerned about this, it is important to understand how visitation (also called parenting time) schedules are formulated and know how that could impact the holidays.

Fundamentals of a parenting plan in Virginia

The parenting plan will consider myriad factors related to the child's life and their relationship with the parents. Examples of what will be assessed are the child's age; their mental and physical condition; their needs; the parents' age, physical and mental condition; past problems that might have come up; educational needs; medical needs; extracurricular activities; the parents' willingness to cooperate; and more.

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 Posted on August 27, 2025 in Divorce

The family business is often a source of pride for couples who put their blood, sweat, and tears into building the company. This sense of accomplishment is often the cause of some contention if the owners of the company make the decision to divorce.

There are several things that can happen if you're trying to decide what to do when you're discussing the business. Some of the options that they have include:

Fate of the business varies

Owners can decide if they want to keep the business open as-is, close it, sell or have one party buy out the other. The ability of the owners to continue to get along, despite the divorce, is often a primary factor. Whether either of them wants to continue operating the business will also play a role in this decision.

If the business will be sold, they must think carefully about how its debts will be handled. If the business will be sold or if there will be a buy-out, a valuation of the business is critical. If they will continue to operate the business together, they need a partnership agreement that clearly outlines each person's role, compensation and other critical business aspects.

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 Posted on August 20, 2025 in Child Custody

You and your spouse are navigating a divorce or getting closer to one. You know that one of the big decisions you are going to have to make is where your children are going to live and how you are going to divide custody rights.

However, one concern that you have is simply that your child will want to live with a specific parent. For instance, maybe your child has already said that, if the two of you get divorced, they want to live with your ex. You are worried that you are going to lose your relationship with your child because you will not get custody.

A child's preference is only one factor

There are two things to consider here. The first is that children are not always asked what their preference would be, especially if they are relatively young. The court is not going to issue a child custody ruling based on the opinions of a five-year-old. Children are typically only asked about their preferences if they are older, such as if you have a teenager who is in high school.

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