While desertion and abandonment are usually used interchangeably in divorce cases, there is actually a distinction between the two. “Desertion” is the breach of the duties stemming from being married. First, there must be a break from living together as spouses (“cohabitation”). Second, there must be intent to desert in the mind of the deserter. continue reading…
Family Law
Do I Have To Allow Visitation If I Am Not Receiving Child Support?
Yes. If your child’s other parent is not paying child support, you may not withhold visitation. On the flip side, if your child’s other parent won’t let you see your children, do not withhold child support. Either instance could lead to jail or fines. Make sure you document any and all interactions concerning the issues. Ifcontinue reading…
Can We Determine Custody Or Child Support In The Prenuptial Agreement?
Not advisable. The courts always have the authority to determine custody and child support matters and will ultimately determine what is in the best interest of the children. If you were to define custody or child support matters in a prenup, circumstances will necessarily be different should you ever separate due to the passage ofcontinue reading…
As A Grandparent, Do I Have Any Legal Right To Custody Or Visitation?
Not inherently. This can be complicated because in Virginia there isn’t a specific statute concerning grandparents’ rights. The child custody and visitation statutes refer to parents and “persons with a legitimate interest”, which can include grandparents, step-grandparents, stepparents, former stepparents, blood relatives, and family members. The courts must consider what is in the best interestcontinue reading…
Can A Prenuptial Agreement Be Deemed Void?
Yes. There are a few things that could void your prenuptial agreement: (1) If the agreement was not signed voluntarily or (2) If the agreement was unconscionable when signed (i.e. grossly unfair – though this has to be more than just lopsided; Virginia law makes it very difficult to find that an agreement is unconscionable)continue reading…
