Before you file a misconduct inquiry about a lawyer, you need to realize that an accusation of unethical conduct is very serious and should not be made without trying to resolve the conflict by an honest communication with the lawyer first. However, if you did all you could to resolve the conflict and you still think the lawyer should be disciplined for his/her actions, you can file a misconduct inquiry to the Intake Office of the Virginia State Bar. Prior to filling, make sure to check if your situation is a subject to the Virginia State Bar’s disciplinary process or if it should be resolved...

It’s an all-too-common fact of life–occasionally we run into situations where we require the services of a lawyer. Whether it’s a simple task like forming a will or something more complex like a lawsuit or a breach of contract, a lawyer can make all the difference in making sure everything is done according to proper legal standards. It can be hard to find a good lawyer, though. Personal referrals can be helpful, but if you’re new to an area or don’t have resources to get a referral, it’s harder to find someone you know you can count on. The Virginia State Bar...

In the event of a divorce, there is often some confusion as to who gets what in the settlement. While nobody plans on a divorce, the fact is that it does quite often occur, and you need to be prepared in that event. Generally speaking, property received through inheritance by one partner during a marriage is not subject to division of assets after a separation, unless the property has been specifically transferred to mutual ownership by the couple. The Marital Property Act specifically addresses this issue by dividing assets into two categories: community property and separate property. Community...

In the state of Virginia, a Separation Agreement is a legally binding contract that both parties have to sign. It is often called a Property Settlement Agreement. During divorces, these agreements resolve issues of past debt, ownership of property, and child custody. A Separation Agreement also provides a platform for declaring grounds for divorce. Separation agreements are enforced forever, unless the spouses reconcile, or change stipulations mutually. Child custody can be altered within such a contract by both parties mutually or the court. A no-fault divorce can be granted if the two parties...

There are serious implications that have to be considered at every stage of a divorce. Where will you live, who gets what property and custody of children. Tied to all of these decisions are the tax implications. These tax implications are often overlooked. In Virginia, it is especially important to consider the tax implications before and after the divorce. Filing Status Filing status is determined on December 31. If you choose to file a joint return, it is important to remember that you are both responsible for any errors. This responsibility is individual as well as collective. If you file separately,...

Generally information pertaining to any laws, state or federal, is difficult to communicate in just a few words or sentences however, it is possible to summarize them. The following is just that, a summarization of the laws concerning spousal support in Virginia. Spousal support is when a judge orders one of the persons in a divorce proceeding to pay their spouse a certain amount of money each month in order to assist them financially throughout the divorce process and possibly even for a short time after the divorce is final. Although spousal support originated when women could not work and were...

No one enters marriage thinking about divorce. Happy ever after should be the rule but it isn’t always the case. Sometimes bad things happen and divorce becomes inevitable. Every state has their own divorce laws and regulations for proceeding with a legal separation and dissolution of marriage. Virginia divorce laws are basically divided into two types: “fault,” and “no fault.” Knowing where your individual circumstances fall in those categories will help you know the route you have to take and how long it will be before your divorce is final. Fault Divorce A fault...