Family Law

• Divorce
  Family Law Associates of Richmond, PC attorneys are trained in Collaborative Divorce, a method of reaching resolution during difficult times without the emotional toll and acrimonious tone that a court battle can create.Collaborative Divorce is a process in which the parties agree to settle their issues outside of court, only utilizing the Court’s assistance in entering court orders that reflect the parties’ settlement. At the outset, a participation agreement is signed by both parties. This agreement obligates the parties to use every effort to settle the case while being forthcoming and respectful. Should the process suffer a breakdown and the parties desire to have a judge rule on their case, new attorneys must be obtained and a 30-day waiting period is imposed prior to any filings being made with the court.In order to proceed with a Collaborative Divorce approach, both attorneys must have the requisite training.
• Child Support
  In Virginia, child support is calculated based upon statutory guidelines. There is a presumption that the support figure calculated utilizing the guidelines is correct. However, if a judge deems it appropriate, and upon consideration of a list of specific statutory factors, a deviation from the guidelines may be ordered. In some cases, taking into account the child’s needs and other financial settlement arrangements, the parties may elect to set a support figure that they feel is appropriate, pending a judge’s approval. Childcare costs, health insurance costs and the amount of time the child will spend with each party is taken into account in the guideline calculations, as well as in any deviation. Child support continues until the child turns 18, is emancipated or, if still attending high school and residing with a parent, when he or she turns 19. Additionally, a parent may contract to support a child who is over the age of 18 or not a full time high school student in special circumstances.
• Child Custody and Visitation
  In Virginia, custody and visitation determinations are made according to the “best interests of the child.” Ideally, the parents will agree on an arrangement for custody and visitation without going to court. In the alternative, a judge will make a decision based on a list of statutory factors, including, but not limited to, the age and physical and mental health of both the child and the parents, the existing relationship between the child and each parent, and the propensity of each parent to foster a relationship between the child and the other parent. Family Law Associates of Richmond, PC will work with all parties to come up with solutions that are beneficial to parents and children.
• Adoption
• Premarital Agreement
  While it is not something that couples want to talk about before marriage, the unfortunate reality is that many marriages and committed relationships end in divorce. Considering a prenuptial agreement makes senses, and allows the couple to legally spell out the financial obligations in advance such as the division of property and issues of support. Family Law Associates of Richmond, P.C. will assist you in drafting a premarital or prenuptial agreement, setting forth the property rights and obligations of the parties in the event of divorce or death of the parties. In the event of divorce, this agreement will act as a contract between the parties in lieu of seeking a court determination of property and support rights.
• Spousal Support
  Spousal support, also known as “alimony”, can sometimes be one of the more difficult determinations to be made in the divorce process.  While there are guidelines in place for spousal support on a temporary basis, long-term support is usually decided by balancing one party’s needs against the other party’s ability to pay. Various factors are taken into consideration, including the length of the marriage, the standard of living enjoyed during the marriage, contributions that each spouse made to the family, the educational level of each spouse, the earning capacity of each spouse, and other relevant factors unique to your situation. Very often the support is agreed upon by the parties and included in an agreement that the parties sign before finalizing the divorce. Family Law Associates of Richmond can assist you in determining the appropriate level of support for your situation, and can employ the services of a vocational expert or financial expert when needed.
• Legal Separation
  When a couple is starting to explore the possibility of divorce, sometimes it is difficult for one party to answer the question, “Are you separated?” In Virginia, there is no “legal separation” in the sense that there is no formal court order or document that signifies the couples’ separation. Instead the term separated as it [ Read More ]

Trusts and Estates

• Estate Planning
  Should your circumstances require it, we will be happy to refer you to other attorneys in the area for tax advice and/or for further estate planning.
• Wills
• Power of Attorney
  Family Law Associates of Richmond handles basic estate planning including wills, advance medical directives and powers of attorney. Our firm will be happy to assist you in planning the disposition of your estate. We will draft a will on your behalf and explain to you how your property would pass should you not have a will. We can also draft a Power of Attorney for you, giving another party or parties the legal right to take actions on your behalf such as entering into contracts and handling assets. A Power of Attorney can be drafted to immediately go into effect or to go into effect upon the occurrence of an event such as incapacitation. Many of our clients also choose to have an Advance Medical Directive in place. This Directive contains an appointment of an agent to make healthcare decisions on your behalf, will detail the life saving measures you would like implemented or withheld, and will also indicate whether or not you choose to be an organ donor.