Tag Archives: divorce attorney

Common Divorce Questions You’ll Want to Ask Your Attorney

meeting with attorney

Common Divorce Questions to Ask Your Attorney | NOVAEstateLawyers.com

Marriages can sometimes end amicably, making divorce a relatively simple and clean process. However, many divorces can be painful, expensive, and complex.

Once you’ve agreed to divorce, you and your spouse will have to navigate the murky waters of settlement agreements, court documents, alimony/spousal support arrangements, and child custody/support, if you have minor children. To ensure you’re following the proper legal procedures – and that you have a positive and mutually beneficial outcome – you should seek the services of a qualified divorce attorney.

You can start this process by setting up an appointment with an experienced divorce lawyer in your local area. Your attorney will act as your guide and advocate, and the initial consultation is the best time for you to clear up any uncertainties or concerns you might have. Here are some common divorce questions you’ll want to ask when you meet with your attorney.

1. Are we eligible to file for divorce right now?

According to Virginia’s divorce laws, couples filing for a no-fault divorce must have been separated for 12 full months if they have minor children, or six full months, with no minor children and a signed settlement agreement. However, the rules and timelines are different if you are filing for an at-fault divorce on grounds such as adultery, cruelty, or desertion. Your attorney will be able to tell you how soon you can file for divorce.

2. Who will get custody of our children?

For couples with minor children, determining custody arrangements can be one of the messiest parts about divorce. If you and your spouse can’t reach an agreement on your own, a judge will have the task of deciding what’s in the best interest of your minor child(ren). Many factors are considered here, so you’ll want to ask your divorce attorney what your options are regarding custody, and what a judge will take into account. Your attorney can help you understand the most likely outcome given your unique situation, and can guide you in choosing which battles to fight and which to concede.

3. Do I have to pay (or will I receive) alimony/spousal support?

The amount of spousal support you may request (or will have to pay) is highly dependent on your individual circumstances. Your custody arrangements (if minor children are involved) and who earns the majority of income in your household can have an effect on your outcome. Ask your divorce attorney early on what you should expect to pay or receive, so you can plan your finances accordingly.

4. How do we split our assets?

If you and your spouse did not sign a prenuptial agreement, you may not know how to fairly split your assets in your impending divorce. Dividing marital property can be complicated, and if you and your spouse can’t reach an amicable, mutually beneficial agreement, you may need to bring this question before a judge. If there is a dispute over who should receive which assets, your attorney can help you better understand your chances of a favorable ruling.

5. What should I expect during my divorce hearing?

If you haven’t been through a divorce before, the idea of appearing before a judge to sort out your issues could be intimidating. Ask your divorce attorney what to expect in the preparation of a hearing, including what information you should have ready to present. Although no two cases are alike, your divorce lawyer should be able to provide you some idea of what will occur.

6. Do we really have to go to court?

A no-fault divorce can result in an amicable split without any divorce hearings in court. The first step in this process is drafting a marital settlement agreement. This document requires you and your spouse to decide how you will divide property, who gets primary custody, and the amount of spousal or child support to be paid, if any is needed. An experienced divorce attorney can help you craft this document and review it to ensure it’s fair for both parties.

Contact the Law Office of Patricia E. Tichenor for help with your divorce.

Whether you’re just beginning the separation process or you’re ready to file for divorce, the Law Office of Patricia E. Tichenor can help. We’ve spent nearly two decades helping Virginia residents with settlement agreements, divorce cases, and other family law matters. Contact us to discuss your situation and begin the divorce process.

Do I Really Need a Divorce Lawyer?

divorce dictionary entry with two rings

Do I Need a Divorce Lawyer? | NOVAEstateLawyers.com

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 together.

There are some cases in which a DIY divorce could be possible, with a little DIY legal help. However, you may want to consider the benefits of retaining an attorney first. Here’s how to decide what’s right for your situation.

When should you hire a divorce attorney?

Though it’s always advisable to hire a divorce lawyer, it is especially important to do so when you’re in a complicated situation related to finances, custody of children, or other sensitive legal matters with your spouse.

Here’s when you should hire a divorce lawyer:

  • You own a business with your spouse: It can be difficult to figure out how to properly divide assets and ownership of a business, so a divorce attorney will be invaluable. You’ll also need appraisers to assess the business’ worth, and possibly consultants.
  • You expect a child custody battle: If you expect your spouse to challenge you on custody arrangements for your minor children, you’ll likely need a divorce lawyer to represent you in the case.
  • You have significant assets: It will be much harder to divide assets if you and your spouse have more than one bank account, properties, vehicles, and other assets that need to be fairly divided. An attorney can help represent you and your needs in court.
  • You were the victim of domestic abuse: A spouse who is verbally or physically abusive could intimidate or coerce you into a divorce deal that is unfavorable if you choose a DIY divorce. An attorney can be your voice and advocate.
  • You or your spouse are/were in the military: A military divorce can be much more complex. A lawyer can help with the division of military pension, benefits, and more.

If you’re at all unsure of the legal process involved for filing for divorce in Virginia, your best bet is to hire a divorce lawyer. The professional will be your guide throughout, including helping with paperwork, explaining the process, and helping you understand what you can expect at each stage.

When can you use DIY legal help for your divorce?

Not all divorces are bitter, nasty battles. Sometimes a mutual decision to split with a spouse can be amicable and both parties agree to work out the terms of their divorce on their own. If this is the case for you, you and your spouse may be able to represent yourselves (also known as appearing pro se) in your divorce case.

Here are a few scenarios in which a DIY divorce could be feasible:

  • You have no children, or no minor children: With no child custody and visitation issues at stake, the divorce process may be simpler for you and your spouse. You may be able to lean on the support of a mediator, who can help decide what’s fair for both parties
  • You expect an uncontested divorce: If you and your spouse can amicably divide your assets and debts, you may wish to create a divorce settlement agreement upon separating. Once you meet Virginia’s separation period criteria, you may then file for an uncontested divorce. If you go this route, a DIY legal coach can help you through the required paperwork and filing steps, so you can feel prepared to represent yourself in court..
  • You have limited funds: Not everyone can afford to retain a divorce lawyer throughout their case. However, DIY legal help can be an affordable option if you require assistance. You’ll get the help of an attorney, the paperwork you need to fill out, file, and document, and guidance.

Consult an experienced family law attorney

No one should have to go it alone in divorce proceedings. A divorce lawyer is meant to help you navigate a stressful and emotional situation. Even if you are unsure whether you need an attorney for your divorce case, it is always advisable to consult with a legal professional before filing any court paperwork.

Remember, a DIY divorce is possible in certain circumstances, but having the help of an attorney is indispensable. My Legal Case Coach, a division of the Law Office of Patricia E. Tichenor, makes it affordable to get the DIY legal assistance you need, so you can get through your divorce without creating additional hardship for yourself.

If you’re planning to file for divorce in Virginia and would like to hire an attorney, contact us to learn how we can help.

You May Be Liable For Your Minor Child’s Actions

You May Be Liable For Your Minor Child’s Actions

You May Be Liable For Your Minor Child’s Actions
NOVA Estate Lawyers – Leesburg, VA

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 or medical expenses resulting from another person’s wrongdoing. In fact, the first state law of this type was enacted in Hawaii in 1846. The reasoning behind this legislation was that parents have a legal responsibility to supervise their minor children, and if the minor child causes property damage due to negligent, malicious or willful actions, the parents can be held liable.

A child may willfully disregard a parent’s direction, or the mischief may occur because of improper supervision, and the damage can be as simple as a baseball going through a neighbor’s window or spray-painted graffiti, or as complicated as a computer hacking issue. Far too frequently, you read in the news that a child finds a handgun and accidentally shoots another child, or that a minor child takes a car and causes an accident.

Parental liability extends to both criminal and civil liability. Parents may be legally forced to compensate an injured party or repair damage done by a child’s actions. Parents may also be subject to lawsuits or criminal sanctions in some cases. Parental liability ends when the child becomes of majority age of 18, or if the child is legally emancipated by statute and deemed no longer under a parent’s supervision or responsibility.

Non-Criminal Liability for a Minor
Non-criminal liability, also known as vicarious liability, extends to actions that might include vandalism, defacement, or property destroyed in a hate crime. Parents are also liable for negligent actions when they know they must supervise the child and fail to do so, known as negligent supervision. Not only parents, but grandparents, guardians, and anyone having custody of the child can be liable.

Use of the family car also carries liability. The Family Car Doctrine holds the owner of that car liable for any damage caused by the driver of that car, if the owner knew of and consented to the family member’s use of the car, even if the minor child is not listed on the auto insurance policy. The uninsured motorist provision would not apply if the minor child is living in the insured’s household.

Criminal Liability for a Minor
Some states hold parents criminally liable when children gain access to firearms, or if parents know that their child is in possession of a firearm and do not take it away. More serious penalties are applied if the minor child causes injury or death. In Virginia, it is considered a misdemeanor to recklessly leave a loaded firearm within reach of a child so as to endanger the limb or life of any child under the age of 15; however, exceptions can be made if the gun is stored in a locked box and secured with a trigger lock. Criminal liability also extends to certain unlawful computer and internet activities, such as hacking, cell-phone and video cameras, and viewing (or sharing – such as “sexting”) pornography or other inappropriate photos.

Delinquent youth also fall under the area of parental liability. In Virginia and nearby North Carolina, parents are required to reimburse the State for costs associated with the detention, care, support or treatment of their child while under state agency supervision.

Children under the age of 18 are typically processed through the juvenile justice system, and not the adult criminal justice system, and are subject to laws designed for juvenile offenders. In some cases, the child may need a lawyer to represent them. But since they cannot contract with an attorney on their own, parents need to be involved.

Contact Your Family Law Attorney
As family law attorneys in Northern Virginia, The Law Office of Patricia E. Tichenor P.L.L.C. can assist parents in addressing issues of parental liability or their child for acts of mischief leading to civil or criminal liability involving a minor child. Whether you need expert advice, or to engage the services of an attorney, call attorneys Patricia Tichenor or Camellia Safi today to get an experienced advocate on your side.

The Law Office of Patricia E. Tichenor, P.L.L.C.
Professional Legal Services or Legal Representation
(703) 669-6700

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