FAQs | Frequently Asked Legal Questions

What Happens With Custody Of Children If Both Parents Are In The Military And Deployed At Same Time?

31 Aug 2013

Although the Virginia Military Parents Equal Protection Act helps define situations where a military parent is deploying, it is important that military parents have a custody order in place to avoid unnecessary court battles. In such situations, third-party custody designations need to be considered. Yet another consideration is that of remarriage and the role of the stepparent. While the military may require a Family Care Plan, be advised that any designation within that document will...

How Are Accident Claims Settled?

27 Aug 2013

Insurance claim adjusters take many factors into consideration when reviewing your auto accident claim. They may call the officer to review any statements made at the scene; examine how soon you sought treatment for injuries, or label some injuries as pre-existing and then want to review your medical records from before the accident. Given the uncertainty of the process, it’s best not to speak with the other insurance company about...

Do I Need A JAG Divorce Attorney If My Spouse Or I Are Military?

26 Jul 2013

No. There is no such thing as a JAG divorce attorney. While each base has a legal department, their role is not to pursue divorces (and, in fact, they may not even be licensed in Virginia). While there are not many differences in the law involving divorces between civilians and those in military service, there are unique topics and a few laws that require some additional experience and knowledge. While Virginia will have jurisdiction...

Can I Receive More Support Now That I Am Not Working Full-Time?

09 Jul 2013

Child custody, visitation, and support are always modifiable by a court. In order to change something that has been entered in an order, you must first show a material change in circumstances from the time the order had been entered, and then, if you meet that hurdle, the court will determine what is in the best interests of the child for custody and visitation, and run presumptive guidelines as to...

Can I Have Child Support Modified Based On My Ex-Spouse’s New Spouse’s Income?

22 Jun 2013

By Code, child support is based solely on the two parents’ incomes. The increase in household income due to marriage, by itself, cannot be grounds for child support modification. However, if your ex-spouse quits his or her job thereby becoming voluntarily unemployed and not able to provide their share of the child’s support, a modification may be warranted. If the court is going to deviate from the presumptive child support...

I’ve Heard Foreign Divorces Are Much Cheaper And Easier. Why Wouldn’t Someone In The Military Take Advantage Of This Option?

25 May 2013

You can get divorces quickly in Mexico, the Dominican Republic, among other places. Getting a divorce where you or your spouse have not established domicile will cost you much more when you have to hire a lawyer to make your divorce legal. Per the U.S. Supreme Court, only a divorce granted in the state which one or both individuals have established legal residence has the jurisdiction to issue such a...

My Spouse Is In The Military And Deployed; Will This Delay Our Divorce Proceedings?

07 May 2013

The Servicemember's Civil Relief Act allows suspension of a civil action involving deployed service members until they are home and able to fairly participate. However, servicemembers can waive their right to delay proceedings, thereby allowing the finalization of your divorce while they are deployed.

How Long Do I Have To Pay Child Support?

12 Apr 2013

Unless there is an agreement between the parents in place, child support is statutorily paid until a child reaches age 18 or until that child is no longer a full-time high school student, not self-supporting, and living at home or 19, whichever comes first. The courts may also order the continuation of support for any child over the age of 18 who is severely and permanently mentally or physically disabled, ...

Does Being (Or Having A Spouse) In The Military Make A Difference In My Divorce?

08 Oct 2012

For military families, it is vital that you have an experienced Virginia domestic relations attorney in your corner. Few lawyers understand the unique issues that military families face when dealing with a family law matter. We grew up in this area and our office is located in Tidewater. This, coupled with our extensive experience with these matters, is an advantage in military family law cases.

What Is A Credit Report?

09 Mar 2012

Although this term is widely used, the law that governs the reporting of credit matters, the Fair Credit Reporting Act (“FCRA”) actually doesn’t use the term at all. It discusses “consumer reports” and “consumer disclosures.” “Consumer reports” are any written, oral, or other communication of any information by a consumer reporting agency (“CRA”)(such as Equifax, Experian, or TransUnion - the three big players) which compiles and generates reports on consumer’s credit-bearing...