Domestic Relations: Spousal Support

In the Commonwealth of Virginia, divorce cases typically will involve many, if not all, of the following issues: equitable distribution (the division of property); spousal support; child custody and child support. This article focuses on the issue of spousal support....

Domestic Relations: Valuation of Property

The Commonwealth of Virginia is one of more than forty states that utilizes an equitable distribution law when determining the division of marital property and debt in divorce proceedings. Since marriage is considered an economic partnership, in order to determine a...

Domestic Relations: Financial Issues in Divorce

During the dissolution of a marriage, the emotional anxiety and tension experienced by the parties is often exacerbated by uncertainty that surrounds the financial consequences of the divorce. In Virginia, the laws pertaining to divorce are aimed at promoting fair and...

Domestic Relations: Child Support

In the Commonwealth of Virginia, both parents, whether married or not, are obligated to support their children. In the event of separation or divorce, the determination of child support is one of the main issues to be resolved. The Code of Virginia provides specific...

BUSINESS: SHAREHOLDER AGREEMENTS

Two friends start a bike shop. After forming a corporation to protect their personal assets as shareholders, each is allotted a fifty percent interest in the company. After a few years of struggling, the business finds its footing and begins to enjoy an extended...

Business Law: Employment Contracts

There are many legal issues facing new businesses. One of the most prominent involves employment. Startup companies often attempt to lure new talent by offering stock in lieu of or in addition to wages. Business owners should be careful in making sure that these...

BUSINESS LAW: TYPES OF EMPLOYMENT

A new restaurant is opening at the local shopping center. Contractors are in the process of completing the build-out to the owners’ specifications and the proposed opening day for the restaurant is quickly approaching. The upcoming process of hiring employees to work...

Business Law: Franchises

Heading with your family down to Florida on Spring Break, your kids start yelling from the backseat that they are hungry. As you look around for a place to stop, you notice a sign containing the familiar golden arches quickly approaching. You also see an advertisement...

Business Law: ADR Collaborative Law

In order to be successful in business, owners must be able to identify and plan for legal issues that may affect their interests. The use of Alternative Dispute Resolution methods is an effective way to resolve business disputes effectively and efficiently outside the...

Business Law: ADR Arbitration

In order to be successful in business, owners must be able to identify and plan for legal issues that may affect their interests. The use of Alternative Dispute Resolution methods is an effective way to resolve business disputes effectively and efficiently outside the...

Business Law: ADR Mediation

In order to be successful in business, owners must be able to identify and plan for legal issues that may affect their interests. The use of Alternative Dispute Resolution methods is an effective way to resolve business disputes effectively and efficiently outside the...

Business Law: General:

In the business world, attorneys are often considered to be analogous to the “Eeyore” character from the children’s book, “Winnie the Pooh”. Eeyore is a donkey who walks around all day with a dark cloud over his head. He often complains about all the bad things going...

Real Estate: Financing

When looking for a new home, many envision sparking kitchens, huge master bedrooms and enticing family rooms. Don’t forget one of the most important steps, the financing. Mortgage loans come in many sizes and shapes. Conventional Loans. This is your typical mortgage...

Real Estate: Settlement

In Virginia, settlement in a real estate matter is the formal process that effectuates the transfer of ownership of the property. The buyer typically has the right to choose his or her Settlement Agent. While the law does not require settlement agents in Virginia to...

Real Estate: Easement

An easement is a non-possessory right of use over the land of another. This means that the easement holder has the right to use the landowner’s property for a specific purpose and cannot change her use of the easement without the permission of the property owner. An...

Real Estate: Title Insurance

The purchase of a home is often the largest investment an individual makes during his or her lifetime. Most understand the protections provided by homeowners’ insurance and flood insurance. However, few understand the importance of a title insurance. A title insurance...

Real Estate: Types of Deeds

At closing on a property, a seller delivers a deed to a buyer. This important legal document transfers the real property from the seller to the buyer and provides evidence of ownership of the real property to the buyer. However, not all deeds are created equal. A...

Real Estate: Joint Ownership of Real Property

When purchasing real estate with a friend, relative or spouse, one question you should ask is “how should we hold title?” There are three ways that individuals can jointly hold real property in the Commonwealth of Virginia: 1) Tenants in Common; 2) Joint Tenants; and...

Real Estate: Contract Contingency – Financing

Whether a buyer is making an offer to purchase a property from a seller or considering a counter-offer received from a seller, he or she must be very careful to ensure that the proposal includes certain clauses called contingencies which provide important protections...

Real Estate: Selling Real Estate (Part II)

This article is a continuation of the previous article which addressed what to do prior to placing your property on the market for sale. Here, we discuss what to do when a seller receives an offer from a prospective buyer. When a seller receives an offer from a...

Real Estate: Selling Your Home (Part I)

You and your spouse just had another child. Your mother is elderly and is coming to live with your family. Your children have all left home and your large house is no longer needed. Many different life events may precipitate the sale of your home. Once you have made...

Real Estate: Buying Real Estate (Part II)

This article is a continuation of the previous article which addressed what to do prior to looking for a property to purchase. Here, we discuss what to consider when making an offer to buy real property. Any offer to purchase real estate must be in writing. It must...

Real Estate: Buying Real Estate (Part I)

Purchasing a home is often one of the largest and most important investment decisions that an individual makes in his or her lifetime. In addition to the financial considerations, this decision often also contains a substantial emotional component. Prior to beginning...

Personal Injury: Other Liens

When an individual is injured in an automobile accident, the medical bills that result from the ensuing medical treatment are often paid by a variety of sources. Before settling the injury claim, consideration must first be given to the existence of any liens...

Personal Injury: Workers Compensation Liens

When an individual is injured in an automobile accident, the medical bills that result from the ensuing medical treatment are often paid by a variety of sources. Before settling the injury claim, consideration must first be given to the existence of any Workers’...

Personal Injury: Medicare Liens

When an individual is injured in an automobile accident, the medical bills that result from the ensuing medical treatment are often paid by a variety of sources. Before settling the injury claim, consideration must first be given to the existence of any Medicare...

Personal Injury: Medicaid Liens

When an individual is injured in an automobile accident, the medical bills that result from the ensuing medical treatment are often paid by a variety of sources. Before settling the injury claim, consideration must first be given to the existence of any Medicaid...

Estate Planning: Health Care Proxies

Saturday, April 16, 2016 is the 9th Annual Healthcare Decisions Day in the Commonwealth of Virginia. The purpose of this day is threefold: 1) to raise public awareness of the necessity of planning ahead with regard to health care decisions involving end of life care;...

Personal Injury: Workers Compensation and Personal Injury

In the Commonwealth of Virginia, employers are generally required by law to purchase workers’ compensation insurance if they have three or more employees. Workers’ compensation helps workers who are injured or acquire a disease from their jobs. It is the exclusive...

Personal Injury: Damages- Lost Wages

An individual injured in an accident as the result of the negligence of another is entitled to be compensated for his or her damages. These damages include the cost of medical bills, lost wages, pain, suffering and inconvenience. This article focuses on lost wages....

Estate Planning: Guardianship/Conservatorship

In the Commonwealth of Virginia, guardians and conservators are appointed to protect the interests of a person who is deemed incapacitated. Incapacitated does not merely mean someone who makes poor decisions, but rather an individual who does not have the ability to...

Estate Planning: Probate with a Will

The Code of Virginia enumerates a probate procedure that is followed upon the passing of an individual in the Commonwealth who died having executed a Last Will and Testament. In Virginia, probate is defined as “the official proving and recording of the will as the...

Estate Planning: Utilizing an LLC

A limited liability company is a legal business entity that protects its owners (members) from personal liability. It provides more flexibility and is less formal than a corporation. Members of an LLC report the business’s profits and losses on their individual tax...

Estate Planning: Life Insurance

Life insurance is a contract that provides payment of an agreed upon amount by an insurance company to named beneficiaries upon the death of the maker of the contract. It is one of the most important aspects of personal finance and has a direct impact on estate...

ESTATE PLANNING: TRUSTS

Webster’s Dictionary defines “trust” as “a belief that someone or something is reliable, good, honest and effective”. As people, we place our trust in many different places: in God, in our family and in our friends. In this election year, many of us are struggling to...

Personal Injury: The Litigation Process

The process for resolving a personal injury claim is divided into two sections: 1) pre-litigation and 2) litigation. The pre-litigation phase involves everything which occurs prior to the filing of a lawsuit. The litigation phase involves everything that occurs...

Estate Planning: Guardianship/Conservatorship

In the Commonwealth of Virginia, guardians and conservators are appointed to protect the interests of a person who is deemed incapacitated. Incapacitated does not merely mean someone who makes poor decisions, but rather an individual who does not have the ability to...

ESTATE PLANNING: ADVANCED DIRECTIVES

Every year in April, the Commonwealth of Virginia holds an Annual Healthcare Decisions Day. The purpose of this day is threefold: 1) to raise public awareness of the necessity of planning ahead with regard to health care decisions involving end of life care; 2) to...

Personal Injury: The Prelitigation Process

The process for resolving a personal injury claim is divided into two sections: 1) pre-litigation and 2) litigation. The pre-litigation phase involves everything which occurs prior to the filing of a lawsuit. The litigation phase involves everything that occurs...

ESTATE PLANNING: POWERS OF ATTORNEY

“My mother executed this power of attorney….I have one question…..why does the attorney have the power after she dies?” This question accentuates the fact that many people are unclear as to the purpose and effect of this essential document. The “attorney” that this...

Personal Injury: Automobile Insurance

A fifteen minute call could save you 15 percent (or more) with GEICO. Like a good neighbor, State Farm is there. You’re in good hands with Allstate. Many of us have purchased automobile insurance from these companies, but what protection does it provide? Virginia law...

Estate Planning: Probate with a Will

The Code of Virginia enumerates a probate procedure that is followed upon the passing of an individual in the Commonwealth who died having executed a Last Will and Testament. In Virginia, probate is defined as “the official proving and recording of the will as the...

Estate Planning: Utilizing an LLC

A limited liability company is a legal business entity that protects its owners (members) from personal liability. It provides more flexibility and is less formal than a corporation. Members of an LLC report the business’s profits and losses on their individual tax...

PERSONAL INJURY: NEGLIGENCE

Running errands one Sunday afternoon, a man stops at a traffic light. The light turns green, he looks both ways and proceeds through the intersection. Suddenly, and without warning, an SUV runs the red light and violently strikes the side of his vehicle. The man is...

Personal Injury: Types of Claims

A tort is defined as a “wrongful act or an infringement of right (other than a contract) leading to civil legal liability. There are three categories of torts: intentional torts, unintentional torts and strict liability torts. Intentional torts require an intentional...

Estate Planning: Life Insurance

Life insurance is a contract that provides payment of an agreed upon amount by an insurance company to named beneficiaries upon the death of the maker of the contract. It is one of the most important aspects of personal finance and has a direct impact on estate...

Estate Planning: Living Will

Despite its name, a Living Will is not a Last Will and Testament. One’s Last Will and Testament is a document that individuals use to delineate where they want to leave property upon their passing. A Living Will, also referred to as a “directive to physicians” or...

CURRENT EVENT: ERIN ANDREWS HOTEL STALKER LAWSUIT

CURRENT EVENT: ERIN ANDREWS HOTEL STALKER LAWSUITFormer ESPN broadcaster Erin Andrews was secretly filmed in her Nashville Marriott hotel room in 2008 by stalker Michael David Barrett. Millions watched the recording via the internet. After he was convicted...