Times can be tough. And, if you are in the middle of a separation, I understand how stressful it can be. If you are planning a divorce without hiring representation, PLEASE do your research. It seems like everywhere you look, there is some attorney advertising to file your divorce for just one easy payment of $200.00. That’s the thing, this …
Divorce: Equitable Distribution & Deviations
In a Virginia divorce, martial property is divided through a process known as equitable distribution. The goal of equitable distribution is to divide the property as fairly and evenly as possible. Typically, this means that the property is split 50/50 between the parties. Factors the court will consider in the distribution include, but are not limited to, the contributions, monetary …
Tips to Make Visitation Exchanges Easier
Trust me when I say that custody and visitation cases almost always involve some stress, annoyances, and difficulties, no matter what terms you are on with your ex. Exchanging your child with the opposing party can be frustrating and maddening, however, this is one of those times that you need to put what is best for your child before what …
In-Home Separation: What’s That?!
One of the requirements for a no-fault divorce in Virginia is you must have lived “separate and apart” from your spouse for a period of six months if you have no minor children and a signed property settlement agreement, or one year if you do have minor children. Many people assume that this means you cannot live in the same …
It’s a Break Up…Not a Break Down!
We’ve all been there…that moment right after you hear those dreaded four words, “we need to talk.” Your mind starts racing, your heart beats faster, and you think you’re going to be sick. You’re suddenly in the middle of a break up and it’s one of the worst feelings in the world. Sadly, it doesn’t just go away overnight. Like …
Annulment: Is it Possible in Virginia? Maybe.
First of all, what’s the difference between an annulment and a divorce? A divorce is the termination of a valid marriage whereas an annulment is the termination of an invalid marriage. What makes a marriage invalid? A court sees a marriage as invalid when there is a legal reason that this marriage never should have happened. If there is a …
Holcomb Law Wins TWO Choice Awards
Holcomb Law would like to thank YOU for voting for us for the 2016 Daily Press Choice Awards. Because of your voting and steadfast support, we WON the awards for BOTH the Criminal Defense and Family Law categories, the two categories for which we were nominated, for the SECOND year in a row! Wayne attended the Gala Thursday night at …
Can I Appeal My Custody Case?
The short answer is yes. Most child custody cases are initiated at the Juvenile and Domestic Relations Court (JDR) level. Virginia JDR courts have jurisdiction over both child custody and child support cases. Once your case is heard by the judge, a final order is entered. If you are unhappy with the final order entered by the JDR judge you …
Military Divorce in Virginia: What do I Need to Know?
What happens when military personnel need a divorce? Typically, the military views divorce as a civil matter similar to any other divorce. However, a military divorce can implicate various benefits in both federal and state laws. Here are just a couple: – The Servicemembers Civil Relief Act allows a defendant, who is on active duty in the military, to request …
The Waiting Game: Check your Virginia Case Status Online
Surprisingly to many, Virginia has made it relatively easy to check the status of your criminal and civil case online (unless the case is in the Juvenile and Domestic Relations Court). The website provides information such as the hearing date and time, when a party has been served, what motions have been filed, and final dispositions, etc. To check on …