If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an...Read more »
An important factor in custody and visitation disputes between fit parents is the propensity of each parent to allow the children to have a relationship with the other parent, in fact, ideally, to promote that relationship. Visitation is a privilege, not a responsibility. No one can make a parent...Read more »
There are a number of different methods employed in pre-trial discovery. The most common methods are interrogatories, request for production of documents, requests for admissions, depositions, and subpoenas duces tecum. Interrogatories are written questions that must be answered, or objected to,...Read more »
Unless there is a court order in place addressing custody, visitation and support, both parents have equal rights to, and responsibilities for, their minor children. After the parties have separated, a parent may file petitions for the determinations of child custody, visitation and child support...Read more »
This is question requires a complex answer that should be discussed thoroughly with an experienced Virginia estate planning attorney, with particular reference to Virginia Code Section 64.2-776, part of the Uniform Trust Code, dealing with the discretionary powers of a trustee. The short answer is...Read more »
My mom passed away a few months before my uncle, but we have been advised that my brother and I are valid heirs. I read about the 120 hour rule, but that does not seem to apply here, because my mom has living sons. He had three sisters, including my mom. One of the two living sisters is... Read more »
A Virginia resident can file a Warrant in Detinue for the return of specific personal property or its fair market value. A person who converts another's property to his or her own use has committed the tort of conversion. If someone takes someone else's property with the specific intent...Read more »
A name change petition is an easy, routine legal matter. Many Virginia circuit courts have fill-in-the-blank form packets for residents, as the requests for assistance would otherwise take up their valuable time. Anyone considering a name change should visit the local city or county circuit court...Read more »
Fees are negotiable between client and lawyer. Although there are often substitutions of counsel in family law matters, which tend to be more emotional than other practice areas, many lawyers would be concerned about a client who has had unsatisfactory working relationships with two lawyers. You...Read more »
I moved from NC to VA almost 2 yrs ago with my kids. My ex and I are divorced b/c of his drug addiction and there is no custody agreement. He lives with his mom and they want to get the kids for the entire summer in NC. I'm afraid they might not return the kids to me here in Virginia. Can they... Read more »
In the absence of a court order addressing custody and visitation, both parents have equal rights to, and responsibility for, their minor children. Normally, a divorce case would address custody and visitation, so it is strange that there is no court order in effect. The solution is to file...Read more »
In Virginia, a personal property owner can file a Warrant in Detinue in General District Court for the return of personal property or an award of its fair market value. The Warrant in Detinue is a fill-in-the-blanks form. In Circuit Court, a Complaint for Detinue would have to be drafted by the...Read more »
Law students take classes in professional responsibility, and the issues are discussed in connection with other subject matters. The bar exams include ethics in questions or in a separate examination on professional responsibility.
The rules are not always as clear cut as they appear....Read more »
Marriage is invalid under the United States Uniform Marriage for these reasons: a marriage in which one party has a sexual physical defect. American law also stipulates false marriages as invalid marriages. U.S. law provides for these conditions for revocable marriage: a marriage in which one party... Read more »
You have been misinformed and most of your statements are incorrect or erroneous. The validity of marriage is largely a state law matter. Different states have different requirements for a valid marriage. While there are some common elements in many states, any person considering the validity of...Read more »
His father barely sees him, and does not want to help financially, even though he said he would. He never offers anything and doesn't even help buy him anything. I don't know what I am supposed to do anymore.
Both parents have a legal duty to support their children. Child support is paid to the parent with primary physical custody or the parent to him a support obligation is owed under the shared custody guidelines computations. A child support case can be initiated in the Commonwealth of Virginia in...Read more »
A spouse is not required to make his or her spouse a beneficiary of a last will and testament; however, there are statutory rights for surviving spouses that limit the ability to completely disinherit a spouse in Virginia. A surviving spouse can effectively renounce a will and claim an elective...Read more »
My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »
Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct...Read more »
Most court orders are ghostwritten by one of the lawyers on behalf of the judge. The judge will typically request the lawyer for the party who substantially prevailed to draft the order. If the lawyer for the opposing party refuses to endorse the order, the proper procedure is to move the court...Read more »
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