Virginia allows both attorney-issued subpoenas and clerk-issued subpoenas. A party or his or her counsel can file a request for a subpoena to the clerk with any service of process fees.

A party can object to discovery requests in accordance with the Rules of Court, the Rules of Evidence,... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

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... View 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... View 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... View More

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

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... View More

You should consult with an experienced Virginia divorce lawyer to discuss all the circumstances and your best course of action. You may want to record the prenuptial agreement in land records. You might discuss whether you can just change the locks and notify him that he is no longer welcome... View More

Yes, a copy of a will can be established through a proceeding in the appropriate Circuit Court in Virginia to be the last will and testament of a decedent. A probate clerk may not accept a copy, however, for the cheaper and faster ex parte probate process available. You should consult with an... View More

Unless and until there is a court order, both biological parents have equal rights to and responsibilities for their child(ren). Either could travel with the child for a family visit within the U.S. If there is a court order in place, taking against the terms of the order might be considered... View More

Parents in Virginia have no legal obligation to support their capable, able-bodied adult children. However, the parents of a child may create a binding legal obligation to pay for their child's college education. Virginia Code Section 20-155 validates marital agreements provided they are in... View More

It depends on the type of bankruptcy and the title to the real property. For the most part, a bankruptcy trustee steps into the shoes of the debtor, a creditor of the debtor, or a good faith buyer of property, and can exercise those rights. The strong-arm powers of a trustee allows a trustee to... View More

Specific personal property or its fair market value can be recovered in Virginia by a Warrant in Detinue filed in the General District Court or Circuit Court, depending on the value of the property.

Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with... View More