Tag Archives: Patricia Tichenor and Camellia Safi

Legally Changing Your Name in Virginia

Legally Changing Your Name in Virginia

Legally Changing Your Name in Virginia
NOVA Estate Lawyers – Leesburg, VA

There are a number of reasons people change their name: marriage, divorce, adoption, escaping domestic violence, privacy/anonymity, difficulty in spelling, ethnicity, or for no other reason than they choose another. Wanting to change your name, and legally doing so, involves—no surprise—paperwork and fees.

Getting Married or Divorced
Virginia allows people to change their last name (surname) when applying for a state marriage license. Hyphenated names are also allowed. After the marriage, the valid marriage license serves as proof of name change.

In a divorce, name change can be accomplished as part of the regular divorce process. Under Virginia law, a divorce court can restore a former last name with the final divorce decree, when asked to do so. If the name being sought is not a restoration of a spouse’s former name, they can file a separate Petition for Name Change in Virginia, as provided by a statutory law separation from Virginia’s divorce statutes, and obtain a new name. The latter option may be favored in situations of domestic violence where the spouse does not want the soon-to-be ex-spouse to know the new name sought nor obtain their endorsement (or that of their attorney) on the Order of Name Change.

Petitioning a Name Change
According to Virginia Code, you may not seek a name change for fraudulent purposes, like to avoid debt or defraud creditors, or if the new name will infringe on the rights of others.

You must submit your name change to the Circuit Court in the county where you live, and must have lived in Virginia and the city or county of application for at least the past six months. Name change documents include a notarized Petition and Order that are presented to the Court. If the Judge grants your Order requesting a name change, you receive a certified copy of the Order.

Changing the Name of a Child or Ward
The Court looks at the best interest of the child when a name change is requested, and both parents (if living and not otherwise having had their legal rights terminated) must consent to the name change of a child or ward. If a parent’s location is unknown, notice through a newspaper publication, called an Order of Publication, may be used as a valid substitute for obtaining consent. If the parents fail to appear at the hearing date and time noticed in the newspaper, the Court will grant the name change so long as it finds the change to be in the child’s or ward’s best interests.

Avoid Mistakes in Name Change Documents
The Circuit Courts of Virginia and the Virginia Supreme Court website provide basic Forms that a person may use to accomplish a Name Change. However, filling out your name change forms correctly is of paramount importance. There is a format to follow, and all previous name changes (including any from marriage) must be included. Both the Petition and the Order must be signed by the petitioner and the Petition must be notarized. Any mistakes in information or formatting will delay your name change and require submission of new documents.

Places to Notify of Your New Name
When you’ve made a name change, you will want to notify the following: driver’s license, social security administration, Internal Revenue Service, U.S. Postal Service, U.S. Passport Office, and Voter Registration. In addition, you will need to update your information on bank accounts, insurance records, medical records, utilities, legal documents, wills, etc.

Do You Need an Attorney in Order to Change Your Name?
You don’t need a lawyer to legally change your name, however, you certainly are advised to consult one to ensure that your name change documents are prepared correctly and otherwise done legally. Many law offices, including the Law Office of Patricia E. Tichenor, PLLC, offer such services at a flat fee (rather than an hourly fee rate).

Contact Your Family Law Attorney
To discuss the legalities of changing your name, contact the family law attorneys Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor, PLLC. Contact us today.

How to Handle a Surprise Divorce

How to Handle a Surprise Divorce

How to Handle a Surprise Divorce
NOVA Estate Lawyers – Leesburg, VA

You think things are fine with your marriage, and then your spouse suddenly says they want a divorce. Although you may have suspected that there were issues within your marriage, you are completely thrown by their announcement.

Negotiating your way through a divorce is never easy, even when both sides agree to the split. Navigating through it when it is a surprise is even more difficult. Here are some steps that can make it easier.

Find someone to talk to
Your emotions are going to go crazy, so find a professional you can talk with, like a clergy member, spiritual leader, or therapist. Speaking with an unbiased professional can help provide clarity to your thoughts and help you think rationally when emotions flare.

Engage a family law attorney
Immediately begin looking for an attorney, and interview them to make sure you find the right fit; chances are your spouse may have already engaged an attorney even before breaking the news to you.

Knowing your rights, and what the law in your State allows, will be important as you negotiate your divorce. An experienced family law attorney like the Law Offices of Patricia E. Tichenor, P.L.L.C. can assist you to set a plan in action and help you avoid costly mistakes.

Your family law attorney can help understand the legal process, develop a strategy of what steps to take next, how to react to your spouse’s legal actions, draft legal documents for court, negotiate settlement, or even assist with obtaining temporary custody and support orders, injunctive relief to protect assets from being depleted by the spouse seeking the divorce, or a seeking a restraining order if there are issues of abuse. Be open with your attorney about what’s going on even if you feel ashamed or embarrassed, as that will ensure you get accurate advice about your case and your best course of action.

Be proactive and preemptive
Don’t just sit back and wait for your spouse to take charge. Set up your own action plan for dealing with the divorce. You will want to protect your assets, bank accounts, living accommodations and child custody arrangements, and be ready with your wishes when it is time to sit down and negotiate.

Photocopy all documents relating to finances and other legal property, and photograph your valuables. If papers seem to be missing, directly ask your spouse for them; they may be attempting to protect their own interests by hiding documents. Set up your own bank accounts and credit cards (tell your spouse if you cancel a card), but do not attempt to take all the money or run up large bills out of spite. Seek advice from your attorney about permissible uses of assets or lines of credit.

Be communicative
Although the news can come with a plethora of emotions ranging from disbelief to anger, and thoughts from sadness to revenge, it is best to remain communicative and open with your spouse. Even if they make you furious, they have rights too. It will make the entire negotiation process easier.

Keep the children out of it
Don’t involve the children in your battle, or make them take sides. They are merely bystanders to your divorce from your spouse. It is okay to let them see that you are sad, but refrain from bad-mouthing your spouse or attempting to manipulate your children to your side. It is best if you and your spouse break the news to your children together, and assure them that the divorce is not their fault.

Consult with friends who have gone through a divorce
Some of your most valued support may come from friends who themselves have gone through a successful or collaborative divorce. They may have tips on how to survive during this family upheaval, and may be able to assist in other ways, like watching the children or being there when you need to talk. Every case, however, is different, so do not use their input to gauge what you should ask for or obtain in court; instead, leave that subject to your attorney’s expertise. Beware of counsel from those who have not undergone a divorce, and avoid advice that instructs you to “get back at” your spouse to punish them.

Take care of yourself
Avoid letting your emotions drag you into a depressive or otherwise harmful state, even though you should take time to grieve. You are suffering a loss, similar to a death. Use this time to create a new life for yourself. A little pampering never hurts either. Take time to be with friends and do enjoyable activities that will take your mind off your current situation. Don’t let the divorce devastate your self-esteem, and don’t beat yourself up over it. You are still a worthy and valuable person. Don’t however, jump immediately into a new relationship; that would be disastrous for all.

Contact the Family Law Attorneys at the Law Office of Patricia E. Tichenor, P.L.L.C.
Trust the counsel of Northern Virginia attorneys Patricia Tichenor and Camellia Safi to help you navigate through the separation, settlement, support, and child custody issues involved with your divorce. You’ll want to have a passionate, experienced attorney on your side. Contact us today.

The Pros and Cons of Marriage Counseling

The Pros and Cons of Marriage Counseling<br>NOVA Estate Lawyers - Leesburg, VA

The Pros and Cons of Marriage Counseling
NOVA Estate Lawyers – Leesburg, VA

Once couples realize that something is wrong with their marriage, there are a number of choices they can make: they can read self-help books and try to fix it themselves, they can seek advice from friends and family, they can engage with a professional marriage counselor, or they can do nothing—each with varying results, with doing nothing having the least chance for success.

Most couples do not have the experience to know how to navigate through tough times. They fall in love and expect the fairytale life, while in reality, they repeat patterns and dynamics that are not productive and often hurtful, and wonder why the problems never seem to get fixed.

The purpose of marriage counseling overall is to teach couples effective methods of working together to resolve conflict in a marriage so they can function independent of a third party. By facing old habits and patterns, and making efforts to establish new and healthier ones, couples can learn to identify problem areas and learn new and better ways of communication.

As with anything, marriage counseling has its pros and cons:

Pros
The overall goal of marriage counseling is to resolve issues and improve and strengthen the relationship between a married couple or those involved in a committed relationship. It uncovers perhaps-unseen ways of interacting that are detrimental, as well as brings buried anger to light so that it can be resolved.

Through regular counseling sessions, couples share frustrations and truths before a neutral third party, who offers methods to move past them and ways to better handle disputes and problems when they arise. The use of personality assessments or other testing by a therapist, when effective, can aid couples in developing a better sense of their partner’s communication style and lead to learning ways to build a stronger foundation and more enriching marriage.  This can also translate to improved parenting skills for couples with children.

How well couples relate with their counselor can be more important that the treatment they provide. Couples should treat the selection of a therapist like a job interview, understanding that each of them must feel comfortable with the person selected in order to build trust in that person, and to then make real progress.  Do not be afraid to change counselors if one or both of you realize the person is not the right fit.

Cons
Marriage counseling doesn’t always work for everyone, and can uncover issues that cannot or will not be resolved.

It also requires both people in the marriage to commit to making a positive change, and, often, one spouse may seem less committed to the use of therapy and unmotivated to put in the work it takes for therapy to be most beneficiary to the marriage. It’s important to remember:  One spouse cannot fix a broken marriage; it takes both spouses to dedicate effort to looking at, acknowledging, and taking steps to resolving issues with a common goal, although there are times when only one person in a marriage may choose to work with a counselor alone. It depends on the circumstances. However, both partners must take responsibility for their role in the problems.

In addition, couples therapy is not a quick fix; it takes time, over many counseling sessions. Some couples cannot afford the cost of ongoing therapy, and eventually drop out or try to fix their problems themselves. Help may still be available through local couples-support groups or places of worship which offer counseling free of charge or at a significantly lesser expense than a private therapist.

Taking the first step to counseling is always the hardest one, but with an open mind and a dedication to making it work, many couples go on to have successful marriages.

Contact Your Family Law Attorney

If you have questions about marriage counseling, or wish to talk to your attorney about a possible separation or divorce, your legal rights, or child custody issues, contact attorneys Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor, P.L.L.C. We specialize in Family and Estate law. Contact us today.

The Advantages of Domestic Partnerships

The Advantages of Domestic Partnerships

The Advantages of Domestic Partnerships
NOVA Estate Lawyers – Leesburg

Not everybody gets married, and not everybody wants to get married or can get married. That is why as Family Law attorneys, we are called upon to create legal documents to protect parties in different types of relationships, such as Domestic Partnership.

A Domestic Partnership, sometimes referred to as a Civil Union, is defined as a relationship between two people who live together and share a common domestic life, but are not married to each other or anyone else. It can include male-female couples as well as same-sex partners, and is especially prevalent in states that ban same-sex marriage because it enables a couple to create a bond and acquire some benefits. It is also easy to enter into and easy to end.

In some States, in order to have a legally-recognized Domestic Partnership, a couple must declare that their relationship is a serious one at a courthouse or designated government office. Documents must be filed and generally a fee is due for registration of a Domestic Partnership. In others, the mere preparation of a private Domestic Partnership Agreement or Non-Marital Partnership Agreement is enough, and no court filing is required unless a dispute arising that requires enforcement of that contractual agreement.

Benefits and Drawbacks of Domestic Partnerships

Domestic Partnerships can allow partners to enjoy some, but not all, of the benefits and rights similar to a married couple, as marriage, including the following (Note: Benefits may also vary by state or municipality).
• Family health insurance coverage with proof of commitment such as a shared bank account
• Rights to leave for sick partner or bereavement under the Family and Medical Leave Act
• Visitation rights (hospital or jail)
• Right to be considered next of kin for medical decisions (a well-written power of attorney is best)
• Protection of assets and ownership interests, including real estate holdings and bank accounts
• Adoption rights

Some of the drawbacks of a Domestic Partnership vs. marriage can include:
• Not recognized by other states, countries, the government, or many workplaces
• Health benefits provided for a partner are considered taxable income
• Transfers of assets, funds, or inheritances are considered taxable income
• Partners must file separate tax returns
• No entitlement to Social Security benefits or pensions
• No survivorship inheritance

Partners living together have few, if any, legal rights without a formal declaration, therefore it is important to formally lay out the terms of a domestic agreement to protect and respect ownership interests and assets. It is also extremely useful to have that attorney prepare an estate plan that grants certain rights by Power of Attorney or by Will that may not otherwise be recognized absent a marriage. Our experienced family law and estate planning attorneys can help.

Contact Your Family Law Attorney

To discuss setting up a Domestic Partnership, contact attorneys Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor, P.L.L.C. We specialize in Family and Estate law. Contact us today.

The Law Office of Patricia E. Tichenor, P.L.L.C.
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(703) 669-6700

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  • High quality service with both personal and a professional touch. I would highly recommend their services, they helped prepare my estate in the event of my demise. They also prepared the necessary documents to complete my wife's estate after her passing, both with outstanding results. - Jim D.
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