FAQs | Frequently Asked Legal Questions

How Do I Get Information About My Credit Information Held By The Credit Reporting Agencies (“CRAs”)?

09 Mar 2012

You have the right to get your credit information from the three national CRAs (Equifax, TransUnion, and Experian) once every 12 months at no charge. Because it is best to obtain the cleanest report from the CRAs, as well as to document your request should future litigation be necessary, we recommend you mail in your request instead of making the request over the phone or through the internet (both of...

What Do I Do If My Identity Has Been Stolen?

09 Mar 2012

Identity theft is a serious matter. I have written an in-depth article outlining the problem and the steps someone should take once this has occurred.

How Does Our Property Get Divided In A Divorce?

09 Mar 2012

The easiest way to divide up property, as with all aspects of a divorce, is to enter into a Separation Agreement wherein the parties have agreed as to the disposition of the property. Barring such a document, the Court will divide up the parties’ property (called “equitable distribution”) under the guidelines established by the Code of Virginia. This is a complicated process wherein the Court determines the nature of each piece...

What About The Custody Of Our Children?

09 Mar 2012

First, there are two types of custody: Legal and Physical. Legal custody is generally the right of a parent to have input as to the educational, religious, and medical decisions regarding the children. Physical custody concerns the actual physical care of the children (i.e. where they live). In most situations, parents are awarded joint legal custody wherein both parents retain joint responsibility for the care and control of the child and...

What If The Parties Don’t Agree As To Custody/Visitation?

09 Mar 2012

If the parties cannot agree as to custody and/or visitation, the Court must determine what is in the children’s best interests (“best interests” is the standard which the Court must follow when determining these issues relating to children). The Code of Virginia provides ten factors that the Court must apply to determine this.[1] These are: The age and physical and mental condition of the child, giving due consideration to the...

How Is Alimony Determined?

09 Mar 2012

If the parties agree on an alimony or a spousal support figure and duration, and that agreement is contained in a Separation Agreement, then that document will control spousal support between the parties (which, absent an unusual issue, the Court cannot alter as it is a contract between the parties). Absent an agreement between the parties, the issue of spousal support is controlled by the Code of Virginia. The Court will...

How Is Child Support Determined?

09 Mar 2012

If the parties cannot agree upon an amount for child support, the Code of Virginia has a presumptive formula for determining child support to be paid between the parties.[1] This formula is to be used by the Court unless there is evidence for deviation. If there is a sole or primary custody arrangement (the non-custodial parent has less than 90 days visitation a year), the Court utilizes a chart provided...

How Do I Get Divorced?

09 Mar 2012

In Virginia, divorces are handled in the Circuit Courts, which, by their nature are not set up very well for people to represent themselves (what we refer to as “pro se” parties). This is because there are very specific statutes that control divorces and they can be quite complicated. Each particular locality (what we refer to as “venue”) handles the actual procedure regarding divorces differently. All Courts must follow the...

Where Do I File For Custody/Visitation?

09 Mar 2012

Unless the custody/visitation dispute is part of a divorce, you will most likely file in the Juvenile & Domestic Relations District Court of the city where the child has resided for the last six months.

What Is A Guardian Ad Litem?

09 Mar 2012

A Guardian ad Litem (often referred to as a “GAL”) is an attorney that is appointed by the Court to represent the interests of the children. GALs must be qualified by the Commonwealth. If you are in Juvenile and Domestic Relations District Court, their fees are regulated by the Commonwealth (in Circuit Court, GALs fees are not so capped). A GAL is to, in essence, be the “eyes and ears” of...