Alexandria Desertion Virginia Law Support 20-61

16 Monday Dec 2013

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Desertion resulting in nonsupport In Alexandria – Virginia Lawyers

If you have been deserted by your spouse and are not receiving any support, contact our law firm immediately for help.

Desertion In Alexandria Virginia

Va. Code 20-61

20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances.

Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $ 500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in 53.1-131 for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.

Virginia Statute Conditions Penalties
Va. Code 20-61 Any person who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, child under the age of eighteen years, or child who is crippled or incapacitated from earning a living, being then and there in necessitous circumstances Misdemeanor conviction with fine up to $500, or confinement in jail up to twelve months, or both, orOn work release employment for a period of not less than ninety days up to twelve months; orIn lieu of the fine or confinement being imposed upon conviction, he or she may be required by the court to suffer a forfeiture of an amount up to $1,000 and the fine or forfeiture may be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it.

Desertion In Alexandria Virginia.

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Desertion Virginia Law Alexandria Abandonment Presumption 20-81

16 Monday Dec 2013

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Desertion/Abandonment In Alexandria – Virginia Lawyers

If you have been deserted or facing abandonment by your spouse and are not receiving any support, contact our law firm immediately for help.

Desertion/Abandonment In Alexandria Virginia

Va. Code 20-81

20-81. Presumptions as to desertion and abandonment.

Proof of desertion or of neglect of spouse, child or children by any person shall be prima facie evidence that such desertion or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children in destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure, shall constitute prima facie evidence of an intention to abandon such family.

Virginia statute Conditions
Va. Code 20-81 Presumptions as to desertion and abandonment To prove desertion or neglect of spouse or children by any person shall be prima facie evidence that such desertion or neglect is willful.Any proof that a person has:

  1. Abandoned the spouse, child or children in destitute or necessitous circumstances, or
  2. Contributed nothing to their support for a period of thirty days prior or subsequent either or both to the departure, shall constitute prima facie evidence of an intention to abandon such family

Desertion/Abandonment In Alexandria Virginia

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Divorce Cohabitation Virginia Law Alexandria Adultery 20-94

16 Monday Dec 2013

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Divorce In Alexandria – Virginia Lawyers

If you are seeking a divorce in Alexandria Virginia, you must meet certain specific grounds. If you cohabitate after certain grounds occur in a marriage, then you are condoning these actions by your spouse. This is called condonation in Virginia. If you want help with a divorce in Alexandria Virginia, contact our law firm immediately for help.

Divorce In Alexandria Virginia

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Va. Code 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years.

When the suit is for divorce for adultery, sodomy, or buggery, the divorce shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party alleging such act.

Virginia Statute

Description

Conditions
Va. Code 20-94 Suit for divorce based on adultery, sodomy, or buggery shall not be granted based on certain conditions. Conditions:

  1. If the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or
  2. The adultery, sodomy or buggery occurred more than five years before the institution of the suit, or
  3. The adultery, sodomy or buggery was committed by the procurement or connivance of the party alleging such act.

Divorce In Alexandria Virginia

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Annulment Virginia Law Alexandria Grounds 20-89.1

16 Monday Dec 2013

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Annulment In Alexandria – Virginia Lawyers

If you are seeking an annulment in Virginia, you must meet certain specific grounds. If you do not meet these specific grounds for an annulment, you cannot get an annulment in Alexandria Virginia. If you want help with an annulment in Virginia, contact our law firm immediately for help.

We will do our best to help you get the best possible result based on the facts of your case.

Va. Code 20-89.1 – Suit to annul marriage.

  1. When a marriage is alleged to be void or voidable for any of the causes mentioned in 20-13, 20-38.1, 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.
  2. In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.
  3. No annulment for a marriage alleged to be void or voidable under subsection (b) of 20-45.1, subsection (b) of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment; and, in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment.
  4. A party who, at the time of such marriage as is mentioned in 20-48 or 20-49, was capable of consenting with a party not so capable, shall not be permitted to institute a suit for the purpose of annulling such marriage

Virginia Statute

Grounds for annulment

Conditions to be satisfied
Va. Code 20-89.1(a) When a marriage is alleged to be void or voidable On proof of the nullity of the marriage, annulment may be decreed if either party institutes a suit for annulment for void or voidable marriage:

  1. For any of the causes mentioned in 20-13, 20-38.1, 20-45.1 or
  2. By virtue of fraud or duress.
Va. Code 20-89.1(b) Complaint of the aggrieved party Annulment may be granted based on complaint made on the following grounds:

  1. Natural or incurable impotency of body existing at the time of entering into the marriage contract or
  2. If either party had been convicted of a felony without the knowledge of the other prior to marriage or
  3. If the wife, at the time of the marriage without husband’s knowledge, was with child by some person other than the husband or
  4. If the husband, without wife’s knowledge, had fathered a child born to a woman other than the wife within ten months after the date of marriage solemnization or
  5. If either party had been, without the knowledge of the other, a prostitute prior to marriage.
Va. Code 20-89.1(c) Annulment may not be granted in the following cases on certain conditions:

  1. For void or voidable marriage under Va. Code 20-89.1(a)or
  2. In marriages where parties lacked capacity to consent to the marriage due to mental incapacity or infirmity under 20-45.1(b)
  3. Based on complaint of the aggrieved party under Va. Code 20-89.1(b)
 Conditions:

  1. It appears that the party applying for annulment has cohabited with the other after knowledge of the facts giving rise to the annulment; and,
  2. The parties had been married for a period of two years prior to the institution of such suit for annulment.
Va. Code 20-89.1(d) A party shall not be permitted to institute a suit for the purpose of annulling marriage, if at the time of such marriage he/she was capable of consenting with a party as mentioned in 20-48 or 20-49.

Annulment In Alexandria Virginia

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Alexandria Child Custody Virginia Law Best Interests

16 Monday Dec 2013

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Child Custody Virginia Lawyer Best Interests In Alexandria

If you need help with a contested best interests child custody case in Alexandria Virginia, our firm can help you.

Virginia Court pursuant to Virginia Code 20-124.3 is the statute that identifies the best interests factors a court must consider when ordering custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Alexandria Virginia, call us for help.

CHILD CUSTODY-Va. Code Ann § 20-124.3

§ 20-124.3. Best interests of the child; visitation.

In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:

  1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
  2. The age and physical and mental condition of each parent;
  3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
  4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
  5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
  6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
  7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
  8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
  9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
  10. Such other factors as the court deems necessary and proper to the determination.

The judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section.

Virginia Statute

The court in the best interests of a child for custody and visitation including any pendente lite orders pursuant to § 20-103, shall consider the following

Conditions:
Va. Code Ann § 20-124.3Best interests of the child; visitation
  1. Child’s age, physical and mental condition, giving due consideration to the child’s changing. developmental needs.
  2. Parent’s age and physical and mental condition.
  3. Existing relationship between each parent and child, giving due consideration to the positive involvement with the child’s life, access, emotional, intellectual and physical needs.
  4. Needs of the child, giving importance to other relationships, including but not limited to siblings, peers and extended family members.
  5. The role the parent has played and be will play in the future, regarding upbringing and care.
  6. Parent’s active role in allowing the child to contact and have a healthy relationship with the other parent.
  7. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  8. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse.
  10. Such other factors as the court deems necessary and proper to the determination of custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Alexandria Virginia, call us for help.

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Alexandria Prenuptial Agreement Virginia Law

16 Monday Dec 2013

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Prenuptial Agreement Cases Alexandria – Virginia Lawyers

Prenuptial Agreement Cases In Alexandria Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

ALEXANDRIA VIRGINIA LAWYERS –PRENUPTIAL / PREMARITAL AGREEMENT ACT STATUTE

Va. Code Ann. § 20-148

§ 20-148. Definition

As used in this chapter:

“Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

“Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings

ALEXANDRIA VIRGINIA LAWYERS-PRENUPTIAL / PREMARITAL AGREEMENT ACT DEFINITIONS

Virginia Statute

Definition
Va. Code Ann. § 20-148 “Premarital agreement” “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Va. Code Ann. § 20-148 “Property” “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings

Prenuptial Agreement Cases In Alexandria Virginia

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Prenuptial Agreement Alexandria Virginia Law Premarital 20-149

16 Monday Dec 2013

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Prenuptial Agreement Cases In Alexandria – Virginia Lawyers

Prenuptial Agreement Cases In Alexandria Virginia

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ALEXANDRIA VIRGINIA LAWYERS -PREMARITAL AGREEMENT ACT STATUTE

Va. Code Ann. § 20-149

§ 20-149. Formalities of premarital agreement

A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.

ARLINGTON VIRGINIA-FORMALITIES OF PREMARITAL AGREEMENTTABLE

Virginia Statute

Premarital agreement
Va. Code Ann. § 20-149Formalities of premarital agreement

 

 A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.

Prenuptial Agreement Cases In Alexandria Virginia

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Prenuptial Agreement Alexandria Virginia Law Premarital 20-150

16 Monday Dec 2013

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Prenuptial Agreement Cases In Alexandria – Virginia Lawyers

Prenuptial Agreement Cases In Alexandria Virginia

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ALEXANDRIA VIRGINIA LAWYERS -PREMARITAL AGREEMENT ACT

Va. Code Ann. § 20-150

§ 20-150. Content of agreement

Parties to a premarital agreement may contract with respect to:

  1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  4. Spousal support;
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in and disposition of the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

ALEXANDRIA VIRGINIA-CONTENT OF AGREEMENT TABLE

Virginia Statute

Description
Va. Code Ann. § 20-150 Content of agreement

 

 Parties to a premarital agreement may contract with respect to:

  1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  4. Spousal support;
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in and disposition of the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Prenuptial Agreement Cases In Alexandria Virginia

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Inconvenient Forum Alexandria Virginia Law

16 Monday Dec 2013

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Inconvenient Forum Cases In Alexandria – Virginia Lawyers

Inconvenient Forum Cases In Alexandria Virginia

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ALEXANDRIA VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES

Va. Code Ann. §20-146.18

§ 20-146.18. Inconvenient forum.

A. A court of this Commonwealth that has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

B. Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

    1. The length of time the child has resided outside this Commonwealth;
    2. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
    3. The relative financial circumstances of the parties;
    4. Any agreement of the parties as to which state should assume jurisdiction;
    5. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
    6. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
    7. The familiarity of the court of each state with the facts and issues in the pending litigation.

C. If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

D. A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

ALEXANDRIA VIRGINIA LAWYERS – INCONVENIENT FORUM

Virginia Statute

Jurisdiction
Va. Code Ann. §20-146.18(A)Inconvenient forum A court of this Commonwealth that has jurisdiction under this act

  1. To make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.
  2. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

 
Va. Code Ann. §20-146.18(B)Inconvenient forum Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

  1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
  2. The length of time the child has resided outside this Commonwealth;
  3. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
  4. The relative financial circumstances of the parties;
  5. Any agreement of the parties as to which state should assume jurisdiction;
  6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
  7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
  8. The familiarity of the court of each state with the facts and issues in the pending litigation.

 
Va. Code Ann. §20-146.18(C) If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
Va. Code Ann. §20-146.18(D) A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Inconvenient Forum Cases In Alexandria Virginia

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Simultaneous Proceedings Alexandria Virginia Law

16 Monday Dec 2013

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Simultaneous Proceedings Cases In Alexandria – Virginia Lawyers

Simultaneous Proceedings Cases In Alexandria Virginia

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ALEXANDRIA VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Va. Code Ann. §20-146.17

§ 20-146.17. Simultaneous proceedings.

A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.

B. Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

    1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
    2. Enjoin the parties from continuing with the proceeding for enforcement; or
    3. Proceed with the modification under conditions it considers appropriate.

VIRGINIA LAWYERS – SIMULTANEOUS PROCEEDINGS

Virginia Statute

Description
Va. Code Ann. §20-146.17(A)Simultaneous proceedings Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if,

  1. At the time of the commencement of the proceeding,
  2. A proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or
  3. Is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.
Va. Code Ann. §20-146.17(B) Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20.

  1. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state.
  2. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.
Va. Code Ann. §20-146.17(C)Simultaneous proceedings In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

  1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
  2. Enjoin the parties from continuing with the proceeding for enforcement; or
  3. Proceed with the modification under conditions it considers appropriate.

Simultaneous Proceedings Cases In Alexandria Virginia

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