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Virginia Divorce: What Assets and Debts Are Divided?

October 19, 2015 By Marc Leave a Comment

Courtesy of Taber Andrew Bain via flickr.com license link
Courtesy of Taber Andrew Bain via flickr.com
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In Virginia, the division of assets and debts is often a major point of concern for individuals seeking a divorce.  Generally speaking, divorcing parties will divide “marital” assets and debts. If the parties are unable to reach an agreement, they will have a Virginia Circuit Court Judge determine how to divide the marital assets and debts. Because court-division is timely and expensive, many people resolve these issues by agreement.  However, it is critical that you understand what assets/debts are “marital” and subject to division; individuals often fail to recognize what property is subject to being divided, potentially resulting in them reaching an agreement to waive property rights worth thousands of dollars!

The difference between “marital” and “separate” assets is described in Virginia Code Section 20-107.3; it may seem simple based on the plain language of the statute, but there are several common misconceptions.  Here are some true/false inquiries to highlight the misconceptions:

  • T/F: My spouse has the boat and I don’t ever really use it so he is automatically able to claim the property as separate.
    • Answer: False. Actual possession and use does not generally dictate whether a piece of property is marital or separate.
  • T/F: Our house is deeded in my husband’s name, so it’s automatically his property and I don’t have any interest.
    • Answer: False.   Just because a piece of property is deeded or titled in one spouses name does not necessarily mean that the other spouse doesn’t have an interest.
  • T/F: My husband has credit card debt his his sole name, but I might be required to pay for some if it was accrued during marriage even though I’m not on the account.
    • Answer: True.  As with property mentioned above, just because a debt is in one spouses name does not necessarily mean that the debt will be “separate” – in fact, if it was accrued during marriage, there is a good chance it will be classified as marital or part-marital (a.k.a. “hybrid property”).
  • T/F: My spouse and I keep separate bank accounts so we each keep what we have no matter what.
    • Answer: False.  Just because both parties have similar accounts in their own name does not necessarily mean that the accounts are not “marital” and subject to division by a Court.

In Virginia divorce litigation, the classification of property as marital or separate and the determination of your rights in such property is controlled by the definitions and language of Virginia Code § 20-107.3, which may not match one’s preconceived notions. If no agreement is reached, it is the responsibility of the parties to accurately and effectively present the court with the information to properly classify property for allocation. Parties failing to meet a burden of showing evidence to support a certain classification of property, or parties failing to recognize all marital property when signing a Property Settlement Agreement, may quickly lose valuable property interests.  Please understand that this post is designed to provide very general information; every case is unique, and it is important that you speak with an experienced divorce attorney about property issues in your case.

Whether you believe you and your spouse are heading toward a highly contested divorce or you believe that a settlement is the likely outcome, the experienced Virginia divorce lawyers at BoykoNapier are available to assist. If you have questions about your case, call us at (804) 658-3418, or contact us via email.

Filed Under: Divorce Tagged With: Divorce, Divorce Lawyer, Equitable Distribution, Family Law, Marital Property, Virginia, Virginia Code, Virginia Divorce Law

Virginia Custody and Visitation Cases – What Do I File?

August 31, 2015 By Marc Leave a Comment

Courtesy of Taber Andrew Bain via flickr.com license link
Courtesy of Taber Andrew Bain via flickr.com
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When entering (or re-entering) child custody litigation, the legal documents that parents file determine which set of legal standards and procedures will be applied.  Throughout the lifetime of a child, parents may commence custody and visitation cases by filing initial petitions, motions to amend, or de novo appeals (not to mention appeals to higher appellate courts, which will not be addressed in this post). What are these different stages, why are these filings important, and how can an experienced family law and divorce attorney at BoykoNapier help you successfully navigate this terrain?  Please keep in mind that all cases are unique and you should consult with an experienced Virginia lawyer about what to file for your particular case.

Initial Petition in Virginia Juvenile Court/Complaint for Divorce in Circuit Court

When parents have not previously litigated custody and visitation issues and are seeking to open a case with the Virginia Juvenile Court, they will be directed to file “initial petitions”. Even if parents have been operating under an informal agreement for several years before going to court, the proceedings are still initiated by the filing of initial petitions in Juvenile Court. Generally speaking, if a Court is a proper forum (i.e. proper jurisdiction and venue) to hear the case, there is no legal threshold required in order file an initial petition. The court’s paramount concern will be “what is in the best interest of this child?”  The Court will be guided by the factors contained in Virginia Code Section 20-124.3.

Another common court filing that also initiates child custody and visitation issues is a Complaint for Divorce, which is filed in Circuit Court.  When parents of a minor child are married and seeking a divorce, the Judge in Circuit Court will also have the ability (a.k.a. jurisdiction) to make a decision and enter an order regarding child custody and visitation.

Motion to Amend (aka “Modification Petition”) in Virginia Juvenile Court

If parents return to court after a final custody and visitation order was entered, they will normally do so by filing a Motion to Amend.  A Motion to Amend is a motion filed with the court that requests a change to the current child custody/visitation order.  Unlike initial petitions where there is not generally a legal threshold required to file, to prevent parents from continuously filing to change a court order, the party who files a Motion to Amend is usually required to prove that there has been a “material change in circumstances” since the entry of the last court order.  If the moving party is successful in proving that there was a material change in circumstances, the court will again analyze what result would be in the best interest of the child before determining whether or not to change the order.

De Novo Appeal in Virginia Circuit Court

Following any child custody or visitation determination in a Virginia Juvenile and Domestic Relations Court, each party has the right to appeal the case to Circuit Court. These appeals are referred to as “de novo” (which means starting over), because the Circuit Court will not consider the evidence presented before the Juvenile Court.  Instead, the Court will hear the entire case again, just as if it had not already been presented before a Juvenile Court. As you can imagine, it is not uncommon for the appeal to result in a drastically different result. The legal standard to be applied by the Circuit Court depends on the type of petition brought before the Juvenile Court.

Speak with a Virginia Child Custody/Family Law Attorney

It is important that any litigant in a custody dispute understand the proper petition/motion to file and the applicable legal standards. The attorneys at BoykoNapier are experienced in all manner of family law and divorce cases.  Our lawyers will assist you through each of the steps of custody and visitation proceeding. For questions about your custody or divorce case, call (804) 658-3418, or contact us via email.

Filed Under: Child Custody Tagged With: Child Custody, Divorce, Family Law, Virginia, Visitation

The Ins and Outs of Supervised Visitation in Virginia

May 22, 2015 By Marc Leave a Comment

Supervised Visitation
Courtesy of gramarye via flickr.com
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In Virginia, Judges have the authority to order that a person’s visitation with their minor child be supervised.  Because we receive tons of questions about supervised visitation, we thought it would be good to create a short post with some basic information.

What is supervised visitation?

  • Supervised visitation is when a parent who is visiting with their child has another individual (a.k.a. “the supervisor”) in their presence to ensure that the visitation is safe and appropriate for the child.
  • The role of the supervisor is an important one; the supervisor is tasked with monitoring the parent’s behavior and interactions with the child during the visitation.

Why would a Judge order supervised visitation?

While there are a variety of situations in which a court might order supervised visitation, here are a few common examples:

  • Drug or alcohol use. If the non-custodial parent has a history of drug or alcohol abuse, the court may order supervision during visitation.
  • History of poor parental judgment. If the non-custodial parent has made parenting decisions that have put the child in danger, or that have otherwise negatively impacted the child, a court may order supervised visitation.
  • Mental illness. If the non-custodial parent has a history of severe mental health issues, a court may order supervised visitation.
  • History of Family Abuse or Anger problems. If the non-custodial parent has a history of family abuse or anger issues, a court may order supervised visitation (as well as an anger management course in certain cases).
  • Lack of involvement.  If a parent has not been consistently involved in their child’s life, a Court may order supervision to ensure that there is a smooth transition for the child while they build (or rebuild) their relationship with the parent.

Who is the supervisor?

  • It really depends on the case.  In some situations, the Court will allow the custodial or non-custodial parent to select an appropriate supervisor, or required that the parents use a mutually agreeable supervisor.  In other cases, the Court will select the supervisor, or order that the visitation take place at a special facility that will supervise the visits in a controlled environment.
  • For custodial parents, if you are allowed to select the supervisor, it is important to select someone whom you trust to be your eyes and ears during the visitation; you want to use someone who will report back to you in the event of any issues with the visitation.
  • For noncustodial parents, if you are allowed to select the supervisor, be sure to select someone reliable who is going to show up on time and be available for each visitation.

If you have questions about supervised visitation in Virginia, it is important to speak with an experienced family law attorney about your case.  The lawyers at BoykoNapier are experienced in all aspects of family law and divorce matters, including complex child custody and visitation cases. BoykoNapier handles cases throughout the Richmond area, including Henrico, Hanover, Chesterfield and the surrounding localities.  For questions about your custody or divorce case, call (804) 658-3418, or contact them via email.

Filed Under: Child Custody, Family Law Tagged With: Child Custody, Divorce, Experienced Attorney, Family Law, Supervised Visitation, Virginia, Visitation

Virginia Divorce: Settlement vs. Litigation

April 16, 2015 By Marc Leave a Comment

Richmond Skyline
Courtesy of Jim via flickr.com
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Ah, the ultimate question in your divorce case: Should I settle, or should I go to trial?

The answer to this question depends on the facts and circumstances.  Every situation is unique and various issues need to be considered when deciding how you should handle your divorce.  While you should speak with an experienced divorce and family law attorney for specific advice about your case, here are a few things that you should think about:

In Virginia, going to trial in a Divorce means that your fate will be in a Judge’s hands, not your own.

  • If you and your spouse do not reach an agreement in your divorce case, normally a Virginia Circuit Court Judge will be responsible for deciding how to divide up your marital assets and marital debts, as well as how to resolve child custody, visitation and child support/spousal support (if applicable).
  • Prior to making the final decision, most Judges will conduct an “equitable distribution” hearing, where they will hear testimony from both spouses and relevant witnesses, review evidence that is submitted, and hear arguments from the respective attorneys.  The duration of this hearing will depend on the complexity of the issues involved.  Normally, you and your attorney will have a limited amount of time to present and argue your case.
  • As you can imagine, it is incredibly difficult for a Virginia Circuit Court Judge to truly capture the essence of a marriage in such a short period of time.  They don’t have an opprotunity to really get to know the parties; they have to make important decisions in a relatively short period of time.  Most Judges (in our experience at least) would be quick to point out that they will never know the circumstances of your marriage as well as you do.  Accordingly, one major benefit of settlement in a divorce case is the ability to construct the terms on your own.  You and your spouse always have the most information from which to draw up a fair and equitable resolution.

Going to Trial will often increase the cost of your divorce.

  • For a variety of reasons, proceeding to trial will normally increase the costs of your divorce in Virginia.
  • Attorney’s fees will often be far higher for a case that proceeds through an equitable distribution hearing than they would be for a case that is resolved by agreement.
  • Prolonging the divorce process will also increase the emotional costs as well.  For most folks, dealing with a divorce is an incredibly traumatic experience and the sooner it can be finalized the better.  Additionally, if there are children involved, they will inevitably experience an emotional toll from their parents’ divorce.  Generally speaking, the longer things drag on, the greater the impact on the kids.

Going to trial may be the best option when your spouse is not offering a fair and equitable settlement.

  • While it is normally advantageous to settle your case without going to trial, one important exception to that rule would be when your spouse is unwilling to offer a reasonable proposal for resolution of the issues involved.
  • If your spouse is being unreasonable in their evaluation of the issues involved, their settlement offer is likely to reflect that evaluation and you should not feel forced into a settlement simply because it is usually wise to settle.
  • If you find yourself in this situation, it is important to speak with an experienced Virginia divorce attorney about your case.  A good divorce lawyer can help you negotiate a fair and equitable resolution, or represent you at trial if settlement is not feasible.

The Virginia divorce attorneys at BoykoNapier can help you navigate through the murky road of settlement vs. litigation.  The lawyers at BoykoNapier handle all types of divorce and family law cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Contact BoykoNapier today at (804) 658-3418, or via email.

Filed Under: Divorce Tagged With: Divorce, Divorce Lawyer, Divorce Settlement, Equitable Distribution, Family Law, Virginia

Child Support in Virginia: Understanding Shared Guidelines

February 18, 2015 By Marc Leave a Comment

boy at aquarium
Courtesy of U.S. Army via flickr.com
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In Virginia, the child support amount that one parent pays to another is often calculated using support guidelines.  Depending on the custodial arrangement that exists between the parents, a Court may choose between different types of support guideline calculations.

This post is a brief introduction to “shared” guidelines, which are often utilized for parents who have joint or shared physical custody.  As you may recall from our previous child support posts, most of what you need to know about support guidelines in Virginia can be found in the child support guidelines statute: Virginia Code Section 20-108.2.  This includes information about shared guidelines.

You may have asked (or been asked) the following question: if I get more time with my son/daughter, will I pay less in support?  The answer is . . . maybe.  It depends on how much custodial time you are exercising.  Unlike “sole” guidelines (which do not consider the amount of custodial time that is exercised by the “non-custodial parent”), shared guidelines factor in the custodial arrangements between parents.  Simply put, if the court uses shared guidelines, the more equal the custodial time between the parents, the less support that will be paid between them.

So, when will the Court use shared child support guidelines in Virginia?

  • In order to qualify for shared guidelines, the parent obligated to pay support must exercise at least 90 days of custodial time with the child during a calendar year.
  • It is important to note, that a “day” is specifically defined in the statute as “… a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.”
  • (Side note: as you can imagine, the number of “days” that a parent exercises is a topic that is frequently debated.)

If you are involved in a child support case, it is important to speak with an experienced Virginia family law attorney.  You may be eligible for different child support guideline calculations that could have a positive impact on your case.

The divorce and family law attorneys at BoykoNapier are experienced in all manner of child support cases.  Give BoykoNapier a call at (804) 658-3418 to discuss your case, or contact them via email.

 

Filed Under: Child Support Tagged With: Child Custody, Child Support, Family Law, shared custody, shared guidelines, Support Guidelines, Virginia Code

Virginia Child Visitation – Finding the Right Arrangement

January 8, 2015 By Marc Leave a Comment

Man with child
Courtesy of Esther Gibbons via flickr.com
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If you have children and are separated or divorced from the other parent, chances are you have a visitation arrangement of some kind. It might be a simple understanding with no concrete terms, or it might be spelled out in detail and contained in a written Virginia court order. Whatever the case, it is important for separated parents to be open-minded about what visitation arrangement is best for their child. After all, kids change as they grow up, and what works today might be broken tomorrow.

We frequently have folks come to us with one question: How do I figure out what visitation arrangement is best? Unfortunately, we cannot answer that one for you.  There is no person better equipped to answer that question than you, the parent. You have unique knowledge about your child, and about the kind of relationship (or lack thereof) they have with the other parent.  Only you will know if the right arrangement for your child requires a dozen provisions to iron out every possible scenario, or if the right arrangement is to leave the options open at all times.

Common General Visitation Arrangements:

  • “Every Other Weekend” – very typical for school-aged children, this arrangement normally provides the non-custodial parent with visitation on alternating weekends, usually from Friday evening to Sunday evening.  Additional visitation time could include weekday dinner visits or participation in extracurricular activities.
  • “Fifty/Fifty” – also referred to as joint physical custody, this arrangement provides each parent with an equal amount of visitation time with the child.  Often, this is week-on week-off.  However, some parents split the week and alternate weekends, while some alternate every day.  There are also some parents who get limited time during the school year, but get the entire summer and most holidays in order to achieve a true fifty/fifty arrangement.
  • “Shared” – a shared visitation arrangement (also called shared physical custody) describes a situation where both parents have a substantial amount of visitation time, though not necessarily fifty-fifty.  For example, a parent who receives three-weekends a month during the school year, and every other week during the summer would usually be considered to have shared custody of their child.  As you can imagine, the types of  visitation arrangements that fall under this category are numerous and often times very creative.
  • “Supervised” – a supervised visitation arrangement in Virginia is a situation where the non-custodial parent’s visitation time must be supervised by another person.  This is usually a third-party relative, though it may be the other parent or even a formal facility that provides supervision.

(Note: the phrase “general visitation” is often different from holiday and summer visitation.  Many parents will have an additional visitation arrangement for major holidays, and allot additional visitation time during the summer months.)

If you are looking for factors to guide your decision, it might be helpful to glance at the “best interests statute” (Va. Code 20-124.3), which sets forth the factors that Virginia judges are required to consider when determining a visitation arrangement. However, you are not limited by these factors. Use your best parenting skills to figure out what visitation arrangement would best suit your son or daughter. Even if you cannot reach an agreement with the other parent, at least you will be prepared to articulate your desired outcome to your attorney, or to a judge or mediator.

If you have a questions about your child visitation case, it is important to speak with an experienced Virginia family law attorney.  The lawyers at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

Filed Under: Child Custody, Family Law Tagged With: Child Custody, Divorce, Domestic Relations, Family Law, Virginia Code, Visitation

Virginia Child Custody: Legal vs. Physical

November 17, 2014 By Marc Leave a Comment

children and parents
Courtesy of Karsten Bitter via flickr.com
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In Virginia child custody cases, many folks mistakenly believe that the phrase “joint custody” always means that parties share custodial time with their child.  However, in Virginia, there are two types of custody: legal custody and physical custody.  If you are dealing with child custody and visitation issues, it is important to know the difference.

What is Legal Custody?

Most parents have joint legal custody.  According to Virginia Code Section 20-124.1, “joint legal custody” means that parents have “joint responsibility for the care and control of the child and joint authority to make decisions concerning the child . . .”  Thus, parents with joint legal custody should collaborate and discuss important issues involving their child.

“Sole legal custody” would therefore refer to a situation where one parent holds the decision-making authority in reference to the child.

What is Physical Custody?

According to Virginia Code Section 20-146.1, “‘Physical custody’ means the physical care and supervision of a child.”  Joint physical custodians would thereby “share physical and custodial care of the child,” according to Section 20-124.1.

So, when you are discussing child custody, remember the distinction and be sure to address both “legal” and “physical” custody.  Also, remember that you can have “joint legal custody” and/or “joint physical custody”; just because you have joint legal, doesn’t mean you have to have joint physical.

If you have a questions about your child custody case, it is important to speak with an experienced Virginia custody lawyer.  The attorneys at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

Filed Under: Child Custody Tagged With: Child Custody, Experienced Attorney, Family Law, Virginia, Virginia Code, Virginia custody lawyer

Virginia Divorce: Let Your Lawyer Handle It

September 25, 2014 By Marc Leave a Comment

Courtesy of wsilver via flickr.com license link
Courtesy of wsilver via flickr.com
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Let us face facts: Divorce is an emotional roller-coaster on a good day.  For most people, going through a separation and a divorce is nothing short of traumatic, even if the divorce is uncontested.

Inevitably, you will be required to make decisions along the way that impact you and your family; some decisions will be minor, and others will not.   If you have decided to “take matters into your own hands,” we urge you to reconsider.

The divorce process in Virginia is complicated and confusing.  There are legal issues at every turn, and you may not be fully equipped to address these issues.  It is important that you consult with an experienced Virginia divorce lawyer before diving, head-first into the world of family law.  The right divorce attorney can help you make the important decisions, and will be a vital source of information throughout the process.

Acting without (or against) legal advice may have a very severe impact on your future.  For example, if you receive a document from your spouse that purports to resolve some (or all) of the issues, it might appear very fair and equitable to you.  However, you might not fully comprehend some of the language, and your signature may cause you to waive certain claims that you would have otherwise had, such as a claim for spousal support, or perhaps a lucrative claim towards a share of a retirement account held by your spouse.

Too often, we meet with individuals who have suffered due to their failure to promptly consult with an experienced Virginia divorce lawyer.  Please do not let that be you.  Our suggestion: speak with a divorce lawyer as soon as you believe that a separation is imminent.  If nothing else, the consultation should help you avoid many of the common pitfalls.

BoykoNapier is based in the Richmond area and we are proud to represent citizens throughout Central Virginia, including Henrico, Chesterfield, Hanover and the surrounding localities. If you are going through a separation or divorce, please contact us.  Our attorneys are experienced in all aspects of Virginia divorce and family law issues.  Call us today at (804) 658-3418, or contact us via email.

Filed Under: Divorce, Family Law Tagged With: Divorce, Experienced Attorney, Family Law, Richmond, Separation, Virginia

“I Want Custody” – How to File in Virginia

September 15, 2014 By Marc Leave a Comment

Courtesy of Todd Binger via flickr.com license link
Courtesy of Todd Binger via flickr.com
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“I want to file for custody of my child.  How do I do that?”  As you can imagine, this is one of the most common questions posed to a Family Law Attorney.  Because filing for child custody or visitation is a stressful and confusing endeavor, we wanted to take a few minutes to share some information.  However, we cannot offer specific legal advise in this post because every case is unique.  That being said, we strongly encourage you to speak with an experienced Virginia Family Law Attorney about your circumstances.

Issue 1: What do I file in Virginia?

In Virginia, custody and visitation cases are normally initiated when a parent or other interested party files a “Petition”.  This assumes that there has never been any other court cases involving your child (if so, you would likely need to file a different pleading known as a “Motion to Amend”) and that Virginia has jurisdiction (see below).

Depending on the locality where your Petition is filed, you may have to make an appointment.  You will also typically be required to pay a filing fee, and to fill out a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.  Because of the varying policies of the different localities, it is advisable that you contact the locality where you plan to file in advance, or do some online research–Henrico County, for example, posts information about filing petitions on their website.

Issue 2: Where do I file?

This question is very case specific and consultation with a Virginia child custody attorney is highly recommended.  In order to determine where to file, several additional questions must be answered first in order to determine what state and locality has jurisdiction over custody and visitation of your child (i.e. what state/locality has the legal authority to make a ruling on custody/visitation).

Can you file in Virginia?  Briefly put, here are a few of the common issues that could potentially disrupt Virginia’s jurisdiction:

  • There is an existing court order from another state regarding custody and visitation;
  • Your child lives in another state;
  • Your child has lived in Virginia for less than six months and another parent lives outside of Virginia.

Assuming Virginia has jurisdiction, another significant hurdle is determining what city or county you should file in.   If you have never been to court before regarding your child, you will most likely want to file your petition(s) in the Juvenile and Domestic Relations District Court in the city or county where your child resides.  However, there are numerous issues that could impact this as well: for example, if the other parent of your child just moved out and took your child and moved to another locality, you may want to file where you live, and not in the locality where the child is now located.  Long story short, speak with an attorney to go over your specific circumstances to be sure you are filing the appropriate documents in the appropriate location.

Issue 3: What Will Happen After I File?

Procedurally speaking, you will usually get  a court date where a judge will make decisions regarding the issues before him or her (i.e. custody and visitation of your child).  Every city/county has their own policies and procedures that you will want to familiarize yourself with.  For example, the timeframe between filing your petition and your first court date will be different depending on where your case is being heard.  Counties and cities in the Richmond area tend to have busier dockets than some smaller counties.  Additionally, some localities refer parties to mediation and/or parenting classes prior to the Court date (or sometimes following the first Court date).  There are also a variety of other issues that could arise during your case, including: the appointment of a guardian ad litem to represent your child; psychological evaluations; counseling requirements; and the list goes on.

The attorneys at BoykoNapier are experienced in all types of Child Custody and Visitation matters in Virginia.  Our attorneys handle cases throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding communities.  Call us to schedule a consultation at (804) 658-3418, or contact us via email.

Filed Under: Family Law Tagged With: Child Custody, Domestic Relations, Experienced Attorney, Family Law, Henrico, Richmond, Virginia, Visitation

Difficulties in Divorce: Settling Before Court

June 23, 2014 By Marc Leave a Comment

Richmond Skyline
Courtesy of Ron Cogswell via flickr.com
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In Virginia Divorce cases, we work hard with our clients to attempt to resolve each case by settling out of court.

Believe it or not, in our experience, most cases are resolved before Court.   Why is that?

  • Because it is almost always in everyone’s best interest to finalize a case as quickly as possible.
  • The parties save money and time, and shield themselves from unnecessary emotional turmoil that naturally comes from battling things out in a courtroom.
  • If you have children, it is even more important to reach a resolution; the longer litigation lingers, the more your children will get dragged into the middle.

Suffice it to say, you should strongly consider an out of court settlement, provided the terms are reasonable and equitable.  How do you decide when a settlement offer is reasonable and fair?  Great question.  The answer depends on the facts of your case.  This is one area where your attorney’s experience will play a significant role.

  1. Communication directly between Attorneys

Perhaps the most common avenue to a settlement is the correspondence between the attorneys who represent the respective spouses.  Many cases have very few contested issues, making it relatively simple for the attorneys to help the parties resolve the case after just a few phone calls, emails or letters back and forth.  If the issues haven’t been resolved, or at least narrowed, after a few exchanges, it is probably time to consider other settlement methods.

  1. Settlement Conference

A settlement conference is a face-to-face meeting between the parties and their attorneys to allow the parties to converse with each other about their respective positions.  Settlement conferences are certainly emotional (far more so than exchanging letters), but they are usually very productive because communication between the parties in-person is one of the best ways to help them reach agreeable terms.

It is common for a Judge to require parties to attend a settlement conference prior to their trial date.  If you have been unwilling to attend a settlement conference for one reason or another, we would urge you to reconsider.  Speak with your attorney about the benefits of such a conference and you just might decide to change your mind.

  1. Mediation in Divorce Cases

Similar to a settlement conference, a Mediation is a meeting between the parties to discuss settlement.  The difference here is that a neutral individual (the “mediator”) is present to assist the parties by facilitating discussions and making recommendations.  The mediator is often someone trained in the law (a lawyer or a judge), who will help guide the parties towards a resolution by analyzing the facts and the legal issues involved in the case.  Mediation has a high success rate and is therefore a very popular settlement tool.

  1. Property Settlement Agreement

In Virginia, once the parties reach an agreement, the terms of that agreement are often put into a written contract referred to as a “separation agreement” (or “PSA” for property settlement agreement).  The PSA should spell out all of the terms of the parties’ agreement and should be filed with the Virginia Court when the parties finalize their divorce.  You can read more about property settlement agreements here.

The family law and divorce attorneys at BoykoNapier are experienced trial attorneys.  We handle cases through Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  If you have questions about a separation or divorce, call us today at (804) 658-3418, or contact via email.

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Filed Under: Family Law Tagged With: Divorce, Domestic Relations, Family Law, Mediation, Property Settlement, Separation, Settlement Conference, Virginia

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