FAQs | Frequently Asked Legal Questions

Can We Determine Custody Or Child Support In The Prenuptial Agreement?

02 Feb 2015

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 of time. Therefore, the terms in any prenup would almost certainly not be enforced by a...

As A Grandparent, Do I Have Any Legal Right To Custody Or Visitation?

30 Jan 2015

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 interest of the children and as between parents, the court will apply the ten factors in Va....

Can A Prenuptial Agreement Be Deemed Void?

26 Jan 2015

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) and, before signing, the person wasn’t provided a fair and reasonable disclosure of the property...

Can A Separation Agreement Or Court Order Stop My Spouse From Moving Out Of State With My Children?

23 Jan 2015

Yes. You can always agree to insert a provision into a Separation Agreement limiting the removal of your children from their residential state if that is a concern. If you are in a divorce action and can’t reach an agreement, you can seek relief from the Court on this issue and request a temporary order to protect your rights. The federal Parental Kidnapping Prevention Act was enacted to establish national standards...

Should I Have A Prenuptial Agreement?

19 Jan 2015

It depends. Although we enter into marriage with the expectation it will be forever, unfortunately, divorce happens. A prenuptial agreement (“prenup”) addresses financial issues and protects the interests of both parties. There are many reasons to have a prenup, including if one spouse has a significantly greater financial wealth or income than the other because the division of property and financial assets can be addressed. If you own a business,...

Do I Have To Pay For My Credit Reports Every Time I Request Them?

30 Dec 2014

No. You are entitled to a free annual credit report from each of the three big credit agencies (Experian, TransUnion, and Equifax) every 12 months. You are also entitled to a free report when you receive adverse credit decisions (e.g. denied credit, employment, or home rental) that were based on your credit report information. It’s best to request your free annual credit report with a written request.

Is There Any Difference Between The Big Three Credit Reports? (Experian, TransUnion And Equifax)

22 Dec 2014

Yes. While the majority of information may be reported on all three agencies’ reports, there can be information damaging to your score on one that is not on another, as some creditors report to specific agencies and/or one of the agencies may pick something up on public records the others miss (or get wrong where should be different). It’s best to always get all three and review each thoroughly to determine...

Do I Have To Pay Child Support If The Other Parent Won’t Let Me See The Kids?

18 Dec 2014

Yes. Child support and visitation are separate issues. If the other parent won’t allow visitation, the courts are able to intervene. Contact your lawyer.

I Have Accurate Negative Information On My Credit Report But It’s 11 Years Old, Doesn’t This Ever Come Off My Report?

16 Dec 2014

Yes. A credit reporting agency can report most accurate negative information for seven years and bankruptcy information for 10 years. After the appropriate time period, as laid out in the Fair Credit Reporting Act, has passed, the negative information cannot be reported anymore.

Can I Change Custody/Visitation Arrangements After The Divorce Is Final?

09 Dec 2014

Yes. Custody and visitation are always modifiable; however, you must prove a material change in circumstances before getting to any changes (which the court will then look at the best interests of the children as to any new arrangement). What constitutes a “material change” varies widely and is case-specific, but some examples of likely qualifying changes are if the other parent has a substance abuse problem, is neglecting or abusing...