What Can I Cite as Grounds for Divorce?
Whenever a couple files for divorce, they’re required to cite “legal grounds,” or the reason they want to dissolve their marriage. These grounds can be fault-based, where one or both parties has done something wrong, or no-fault, where the parties fulfill the requirement to remain separate and apart from each other for a required period […]
Do I Really Need a Divorce Lawyer?
Divorce can be one of the most stressful events in your life, from an emotional, financial, and legal standpoint. For this reason, if you need to file for divorce in Virginia, it’s recommended that you do so with the help of an experienced divorce lawyer – especially if you and your spouse have minor children […]
How Do I Become a Minor Child’s Legal Guardian?
Legal guardianship is a very common family law topic in Virginia. When an individual is appointed as a legal guardian, they are recognized as having the legal authority and responsibility to act in another person’s best interests, on that person’s behalf. While you may seek to become the legal guardian of an adult child or […]
How to Update Your Estate Plan After a Divorce
The divorce process is often a very long and painful one. Although you may have already moved on emotionally, some legal aspects of your life can’t move forward until your divorce is finalized by the court. When you do receive that long-awaited divorce decree, one of your first priorities should be updating your estate plans. […]
Legal Separation in Virginia: What Does It Mean?
The decision to end a marriage is emotionally painful and often very difficult for both spouses. But unlike an unmarried couple, you can’t simply move out and move on: You’ll need to go through the divorce process to officially dissolve your relationship in the eyes of the state. For many couples, the first step on […]
Divorce in the Military
Divorce laws vary from state to state, and are generally controlled by the statutes of the State where the parties last cohabitated as husband and wife. But, what if you are a member of the U.S. Armed Forces? Do the same rules apply? When it comes to military divorces, special rules and requirements apply to […]
Dealing with a Family Member’s Arrest
You’ve received that phone call where the loved one on the other end of the line says, “I’ve been arrested.” Now what do you do? Remain Calm The first recommendation is to remain calm. Your loved one needs your strength now, so help them calm down as well. Ask them to be respectful with the […]
Protective Orders for Spouses or Children in Virginia
A protective, or restraining, order is a court-issued legal document designed to protect the petitioner from of violence, abuse and threats for a fixed period of time. It is designed to protect the safety and health of any person who is placed in fear or threat of bodily injury. 3 Types of Family Abuse Protective […]
Legally Changing Your Name in Virginia
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 […]
Child Support & Enforcement in Virginia
From the perspective of a non-custodial parent paying child support, it often feels like a continuing injustice to be relegated to barely seeing his or her children full-time while carrying the financial burden of providing regular monthly support to the children until their age of majority. The child support order determines who will pay for […]
How to Handle a Surprise Divorce
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 […]
Child Emancipation in Virginia
Until a person is 18 years of age, the legal age of majority in Virginia, their parents or guardians have the right to both custody and control. They have legal responsibility to provide the child with shelter, food, clothing, medical care, supervision, and education, and are legally responsible if the child breaks the law. Once […]
What You Need to Know about Adoption in Virginia
If you are considering adopting a child, there are several routes you can take to expand your family. The first step is to decide what type of adoption works best for you. You can opt to adopt through a public or private agency that can facilitate the entire process, from locating birth parents to terminating […]
You May Be Liable For Your Minor Child’s Actions
Children get into trouble; it’s a given part of their growing-up process. However, when their actions cause damage to someone else’s person or property, many parents may not realize that they too could be liable for their child’s actions. The courts decided long ago that it was unfair for someone to bear the financial burden […]
The Pros and Cons of Marriage Counseling
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 […]
Legally Establishing Paternity
A new baby always creates excitement within a family, with doting parents, grandparents, siblings and extended family members sharing the joy. In most cases, parentage is well known and accepted. However, in others, the identity of the father might be in question. Under Virginia law, only one man can possess paternity of a child at […]
Domestic Violence Should Not Be Kept Quiet
Although we all want our happy ending, domestic violence happens. It can begin with verbal abuse such as shouting or name calling, then escalate over time to pushing, hitting, and sometimes even death. Within the Cycle of Abuse, your abuser apologizes for his or her actions, begging your forgiveness and promising never to do it […]
Post-Nuptial Agreements – Could a Contract Save Your Marriage?
As strange as it may seem, a post-marital or post-nuptial contract might be the secret to a strong marriage. It could also heal the wounds that might otherwise result in divorce. This can be especially true for people who are re-marrying and bringing with them separate assets, an inheritance from a deceased parents, or children […]
Grandparent Visitation Rights
Until as recently as 40 years ago, the legal concept of grandparent visitation rights did not exist. This is because parents have a fundamental right under the U.S. Constitution to make decisions regarding the upbringing of their children. There are a number of reasons why grandparents might be denied visitation by family members, including a […]
The Advantages of Domestic Partnerships
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 […]
Alimony, Spousal Support and Imputation
Many issues can come up during the course of a divorce, one of which is imputation of income. For most people, this is not a common term, although it can be a common problem, so let me explain it. When two people divorce, one of the considerations is the payment of alimony or spousal support. […]
What You Need to Know About International Custody and Child Abduction
Child abduction is one of the most heartbreaking events than can happen to any parent and is one of the most emotionally-charged areas of family law. It can also involve diplomatic involvement, especially when different countries are involved. Some countries may protect a parent from being forced to return a child if the abducting parent […]
Why Parenting Agreements Are So Essential
Even though you are divorced or divorcing your significant other, you both will remain tied together as parents for the rest of your lives. That means that working together for the best interest of your child or children, no matter what your own differences are, as the Honorable Loudoun County Circuit Court Judge Burke F. […]
Divorce 101 in Virginia
Nobody likes divorce, but sometimes getting a divorce becomes a necessity, and apart from the emotional impact divorce imposes on families, there are a number of legal issues that need to be addressed. This is why it is always a good idea to speak with an attorney, like the Law Office of Patricia E. Tichenor, […]
Child Custody and Relocation
When two parents divorce, the issue isn’t just between the two; it involves the children. Mistakenly, many couples think that once the custody issues have been settled it will be smooth sailing from then on. That is not normally the case because many other issues can crop up as life’s circumstances change. One of the […]
How Do You Pick the Right Divorce Lawyer?
Thinking about divorce? While it’s not a pleasant topic, it is an unfortunate reality for many couples. As divorce attorneys at the Law Office of Patricia E. Tichenor, we counsel parties through the sometimes intricate matters surrounding divorce, and have listened to their concerns and heeded their wishes concerning their interaction with the attorney as […]
Defining Prenuptial and Postnuptial Agreements
With a projected divorce rate at around 50%, many couples include prenuptial agreements in their marriage discussions. Others may suggest a postnuptial agreement during a marriage. Here, we define these agreements and share their similarities and differences. Prenuptial Agreements A prenuptial or premarital agreement (prenup) is a written contract entered into prior to marriage and […]
Virginia’s ABLE Act Offers Benefits to Families with Special Needs Children
Virginia was the first state to adopt into law the Achieving a Better Life Experience Act of 2014 (the “ABLE Act”) that provides a new avenue for parents in planning for their special needs child. However, the ABLE Act has its benefits and its drawbacks as described below, and should be used as a supplement […]
