Articles Posted in Family Law

According to a recent Fairfax County Circuit Court’s decision in Livingston Jr. v. Stark (VLW 023-8-093), which appears to be a matter of first impression, a request to modify custody arrangement based solely on a child’s preference does not rise to a level of a material change in circumstances, provided nothing else has changed from the…

Posted by Juan D. Bustamante As with most legal matters relating to children in Virginia, the central question for the court will always be what is “in the best interest of the child?” When preparing for a custody hearing, even the most well-intentioned petitioners may face some pushback from Virginia courts when faced against factors…

Posted by Kayla Brown Special Immigrant Juvenile Status (SIJS) allows certain children who came to the United States from another country and cannot be reunified with one or both of their parents to obtain lawful permanent immigrant status. Juveniles seeking SIJS first begin in a local state court after abuse, abandonment, or neglect has occurred.…

More often than not, divorcing spouses do not stand on equal financial footing, especially when one of them has been the principal income-earner of the family, while the other had focused mostly on raising the children, managing the household, and allowing the earning spouse the opportunity to do just that – earn.  Time and time again, clients…

Posted by J. Garrett Kizer A Pre-Marital agreement (also called a “prenuptial agreement” or “prenup”) is a useful tool to protect your assets when you’re planning on getting married. A prenup can include many features. Most prenups will define certain pieces of property that the couple owned before they were married as “separate property.” In…

Posted by Andrei J. Kublan Since contested divorce cases can take approximately a year (and in certain cases even longer) to be fully adjudicated in court, each party to the litigation has a right to request certain temporary relief from the court while their case is pending in court.  As a party to a divorce…

In my practice of domestic relations law, I have frequently encountered this question: “Will I be guilty of desertion if I leave my abusive spouse?”.  Both male and female clients have asked this question. The answer, as with almost everything in the law, is “it depends.”  First, in Virginia, the grounds for divorce are provided in the statute.…

Posted by J. Garrett Kizer If you’re worried about being arrested by Immigration and Customs Enforcement (ICE) because you’re living in the United States without immigration documents or if you overstayed a Visa, it’s reasonable to be careful—many people in this situation spend a lot of time looking over their shoulder. If you have a…

I am separated from my spouse for six months and I have no children, Can I get a divorce now? In Virginia, if you are separated from your spouse for more than six months and you have no children then you can get a no-fault divorce only if you and your spouse have entered into…