April 27, 2020
How Do I Protect Myself Before Divorce?
The threats of a shattering relationship can turn ugly real quick. In a divorce, the bitterness can lead to vindictive actions. Escalation can be all too common as you and your spouse cope with splitting a shared life into two independent ones.
As a divorce becomes more and more likely, time is of the essence. You don’t want to feel trapped as you lose ground to your more aggressive other half.
That’s why you’ll want to protect yourself before a divorce with these tips:
- Set expectations before your divorce
- Protect yourself by being decisive
- Protect yourself by protecting your finances
- Know the divorce laws in Virginia by consulting with a divorce lawyer
Set Expectations Before Your Divorce
The most important first step to protecting yourself is to set reasonable expectations for yourself. Without the proper expectations, you’re liable to be blindsided and behind the ball.
Don’t Expect Anything to Come Easy
Divorce goes to court because it’s a big deal to split children, money and property between two spouses. Nothing is guaranteed to be cut and dry.
For example, something as simple as proving that a house that you bought before your marriage should be legally yours during a divorce case might be difficult. If your spouse contributed to the house during the marriage, they might argue for splitting it equally or getting credit for part of the equity in the property.
All of these complications could become costly. Part of expecting that a divorce is going to be hard is expecting that it will be financially hard. Start saving up as soon as you can and cut unnecessary spending until the divorce is finalized.
Don’t Expect Mediation to Fix Everything
In a rose-tinted world, mediation would always be the best route for two divorcing people. It certainly sounds like a more civil fix to the situation.
The problem is that mediation is sometimes too little, too late. The issues that are moving the marriage toward a divorce are already in motion.
Mediation, often seen as cheaper than hiring a lawyer, will still cost you something. If the mediation reaches an impasse, you might not have anything to show for the cost you spent on it. It is always better to try to reach a divorce settlement without going to court, and that should always be attempted during any time during the process of divorce.
Don’t Expect That Representing Yourself Is Fine
While it’s possible to represent yourself in a divorce trial, better legal preparation always wins.
It’s rare that you’ll be able to represent yourself in your divorce case and not have any hiccups. Dotting your i’s and crossing your t’s is why divorce lawyers like Cravens & Noll are so helpful in these circumstances.
Plus, you can’t protect yourself alone when your spouse brings their lawyer to the table. By numbers alone, it becomes an unfair fight. It’s two against one.
Protect Yourself By Being Decisive
When divorce is inevitable, the sooner you hire a divorce attorney, the sooner you can protect yourself. A good divorce lawyer will advise you on the best next steps as you work through uncertainty and complications.
Without a lawyer, common sense choices could hurt you in the long run. If you discuss dividing property before the official process gets underway, the agreement might not be in your favor. You could think that you are smoothing everything out by being agreeable and reasonable. In reality, making any move before hiring a lawyer is likely to have unseen implications.
By being decisive and hiring a lawyer, you immediately tap into a knowledgeable advisor with a lot of experience. Unlike asking a divorced friend for helpful tips, an experienced divorce lawyer has worked on hundreds of cases. They’ve seen the good, the bad and the ugly and they know what you need to do to protect yourself.
Protect Yourself By Protecting Your Money
Being decisive sooner can also help you protect your finances.
Time to Save Up in a Personal Account
A separate bank account in your own name will allow you to start saving money for yourself. The switch from a joint bank account to separate bank accounts means that the money you have will be yours to afford everything related to the split. If you are still residing with your spouse, the funds may still be considered marital property. However, if they are used for expenses such as lawyer fees, mental health counseling, private investigators, or regular and reasonable living expenses, a Judge most likely consider that reasonable expenses and you will not have to account for the expenses. If you save separately after separation, the funds most likely will be considered separate property. Whether it’s mediation fees, lawyer fees, or paperwork fees, having the financial strength to cover those costs yourself will protect you from being dependent on your spouse.
Savings in a personal account will also help you to survive changes in income. Your married income could be built on one primary breadwinner or dual incomes. The result would be the same. After the divorce, your income will change. It’s best to save up to cover whatever comes next.
Make a Budget for During and After the Divorce
You can protect your finances in a divorce with a budget. Although you can’t predict all of the expenses that could be associated with a divorce, there are some that you can. Start with what you know and check that you’ll be able to afford at least those. The more accurate you can budget for the cost of a divorce, the more financially stable you could be afterwards.
It’s also very helpful to know how much you’ll need to live on after the divorce. Start by looking back at your budgets for previous years. If you haven’t done one before, start tracking your expenses now.
Figuring out how much you need to live on is helpful in the divorce proceedings. You can protect yourself much better when you know how much money you’ll need to live on after the dust settles. If your spouse offers to cut a deal, you’ll have numbers to back up why it would or would not be something you can afford.
Pay Attention to Where Your Money Is Going
The final step in protecting your finances in a divorce is watching where your money is going. If you have a joint bank account, is your spouse spending money from it? Are they withdrawing funds without your knowledge?
Tracking your money is how you find and record how your spouse could be hurting your finances.
Know Virginia Divorce Laws (Hire an attorney who does)
The fourth and final tip for protecting yourself before a divorce is knowing what your state’s laws are.
Every state has its own laws surrounding divorce. Laws about the splitting of property could vary wildly from state to state. Minor points surrounding the complications of your unique situation could be handled differently than your divorced friend in another state.
Cravens & Noll is a family law firm in Virginia. We know Virginia divorce law. If you live in Virginia and you don’t know the laws about divorce, there’s no need to worry. We do. Give us a call and we’ll help protect you.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
April 22, 2020
How Is Custody Determined In a Divorce
Going through a divorce is a stressful time for each parent, as both not only want what’s best for themselves, but also for their children. The custody decision can be the most emotional and hard-fought decision in the divorce process. While a child’s custody can be determined outside of court by the parents reaching an agreement, some parents may opt to go to court and have a judge decide custody if they can’t reach an agreement on their own.
In order to help make this decision process easier, we’ve created this post to list out what is decided in a court custody case and what factors into a judge’s decision when determining which parent has custody.
What Are the Types of Custody?
Before making any decision about your child’s custody, it’s important to understand the two types of custody. There’s legal and physical custody.
Determining Legal Custody for Children
Legal custody is a parent’s ability to make important decisions for a minor child. These include educational matters, medical issues, and the general welfare of the child. The court will decide to grant both parents joint legal custody or one parent sole legal custody.
With sole custody, the determined custodial parent is given those rights and responsibilities to decide for the child, while the other parent has no legal say on those issues.
With joint legal custody, which is often favored by courts, both parents have a say on important decisions for their child. However, if one parent is granted physical custody, a majority of the time that parent will be in a better position to make these decisions. At Cravens & Noll, we inform our clients that with most educational or medical issues, parents are oftentimes going to listen to the “experts.” Experts in custody cases are generally doctors, teachers, therapists, etc.
Determining Physical Custody for Children
There’s also physical custody, which determines where the child primarily lives and how often the parents get to spend time with them. Just as the Judge will consider many factors within §124.3 of the Code of Virginia to determine physical custody (just as they will to determine legal custody). This code section is called the “best interest of the child statute” which is explained in more detail below.
When physical custody is granted to one parent, the child primarily lives with that parent while the other parent is granted visitation with specific times to see the child.
Shared Custody
In some cases, the court will order both joint legal and joint physical custody. This is considered shared custody. It may be a “week on/ week off” schedule in which the child lives with each parent for a full week, and then switches to live with the other parent for a full week. Sometimes the court will split the weekdays in half and then alternated the weekends. The reason some courts order this is that in some cases the evidence shows that both parents have been significantly involved with the child, and the best interest of the child is to have both parents remain significantly involved with the child.
How Custody is Decided in Court
If the parents cannot agree on a “parenting plan” and settle their case out of court, a judge will hear evidence to determine the best interest of the child.
When making a decision about a child’s custody, Virginia courts make their decision based on “the best interest of the child”, which is based on a number of factors.
- The Child’s Relationship With Each Parent: This is normally based on how often each parent spends time with the child, and can be used to determine who is the primary caretaker.
- The Parent’s Living Situation: This can range from how well each parent’s house is kept, to the distance each household is from important services like schools and doctors
- The Child’s Place in Their Current Community: If your child has well-established roots in their current situation, like a large friend group or obligations like a sports team or club, it can be difficult to argue that they’d have an easy time adjusting to a new community.
- Each Parent’s Physical, Emotional, and Mental Health: This factor can be greatly affected by the reason for the divorce if it’s based on adultery or abuse. It’s also affected by a parent’s history with their general health, be it physical, mental, or emotional.
- A Parent’s Ability to Cooperate With the Other Parent: If both parents can cooperate in court and reach civil agreements, this can make it easier to reach joint custody decisions, as you show the judge how both parties are willing to separate their differences to do what’s best for their child.
- The Child’s Own Wishes: This factor is based on the child’s age and if the court believes they are mature enough to speak for themselves.
No Two Cases Are Alike
While we’ve offered some general advice here, it’s important to note that there are no guarantees in a custody case or in a divorce case that involves child custody. Each case is unique, not only in the family’s situation but also in the judge and their own decision. It’s important to keep the child’s best interest in mind during the preceding. It’s also recommended that before discussing any decision with the other party, you should seek legal counsel.
The Cravens and Noll Family Law Practice Group specializes in family law cases and helping parents obtain either settlements or court orders that are best for their child. Contact us today to help with your divorce case.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
March 13, 2020
When Do You Need to Hire a Family Lawyer
Every family is unique. Sometimes, the “togetherness” of family needs to be redefined. Sometimes, the togetherness of your family is redefined to include more members through an adoption. Sometimes, the togetherness of your family needs to be redefined when divorce splits it into separate households.
A family lawyer is there for you throughout your family’s “togetherness” transitions.
The specific areas that hiring a family lawyer could help you with include:
- Uncontested Divorce
- Adoption
- Asset Protection
- Business & Asset Division
- Child Custody & Support
- Dividing 401k
- High Asset Divorce
- Grandparents’ Rights
- Military Divorce
- Parental Relocation
- Prenuptial & Postnuptial Agreements
- Protective & Restraining Orders
- Spousal Support Alimony
Typical Court Cases that Require a Family Lawyer
If you have an issue that involves one of the above areas, you should consider looking for a family law attorney. Most of the friction that comes up in divorce, adoption and child support cases can be prevented with a knowledgeable lawyer.
Divorce
A family lawyer can assist in a divorce case by determining what will remain separate property and what will be classified as marital property. Once these two categories are outlined, they can help with the division of marital property.
At Cravens & Noll, our lawyers will protect business interests. They can represent your request to waive or set limits on spousal support. Hiring a divorce lawyer will balance the fairness of your divorce’s outcome.
Child Custody
If you have children, you know how much they mean to you. A family lawyer protects your rights in disputes about child custody, child support and visitation rights.
Both divorced and unmarried couples might need a family lawyer to represent them in court.
When protecting your child’s well-being is important to you, you’ll need to hire a family lawyer.
Adoption
When an adoption agency turns you down, a family lawyer could help you pursue a private adoption. In addition to the requirements of your state, adoption agencies may have their own criteria. Qualifying for a private adoption works directly with the birth parents.
Adoption can be a very long process without a family lawyer. There is a lot of paperwork and an extensive qualification process. A family lawyer can navigate this with you and might even coach you on how to have successful home studies.
Prenuptial Agreements
Without a family lawyer, a prenuptial could potentially be deemed invalid if not drafted correctly. When this happens, the court decides your case according to the Virginia laws. What the court defines as an equitable division of assets might not line up with what you, as the couple, agree with.
A family lawyer can create or review and validate your prenuptial agreement so that, in a divorce, you can divide assets fairly according to the terms of your agreement. Including separate family lawyers in the process can also verify that the contract was not signed under duress or obligation.
In Any Family Transitions That Require Paperwork
Families go through many transitions besides those listed above. Some transitions are more complicated than others.
For all of the family transitions that require legal paperwork, you’ll want a family lawyer. They know the laws that pertain to your state and can answer your legal questions.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
May 30, 2019
Fathers’ Rights
Regardless of your gender or your parental status, seeking a divorce from your spouse can be an emotional undertaking. Not only is separating from someone whom you once deeply loved difficult, but so too is understanding the various laws that surround divorce.
At the law offices of Cravens & Noll PC, we know that men in a divorce often believe that they are unfairly disadvantaged, especially if they are fathers. Our lawyers are here to help you protect your rights as a father in a Virginia divorce, as well as effectively navigate the divorce process as a man.
We Represent Men Like You During a Separation or Divorce
Our lawyers will stand by your side as you navigate the divorce process, and can help you to understand and navigate the many legal topics that are a common part of divorce. These include:
- Property division. The equitable division of property can be one of the toughest issues to navigate in any divorce. Our lawyers will make sure that you understand the law, how to effectively negotiate a property division agreement, and what your options are when negotiations prove unsuccessful.
- Child custody. Many fathers believe that they will not be awarded custody of their children based solely on the fact that they are men rather than women. However, courts do not favor mothers based on gender alone, and men have as equal of a shot at obtaining child custody and visitation as do moms.
- Child support. The non-custodial parent in a child custody arrangement is typically ordered to make child support payments to the custodial parent. We can help you to understand how child support is calculated, how to adjust a child support payment, and factors that affect child support.
- While typically not an issue in a divorce, the establishment of paternity is critical for all fathers who wish to have parental rights, including the right to seek custody of or visitation with a child.
- Alimony/spousal support. Alimony is a common part of a divorce settlement; however, much like child custody and support, men often believe that they are at an unfair disadvantage when it comes to alimony, especially when a wife served as a stay-at-home mom. Let our lawyers represent you in negotiating your spousal support settlement, and help you to understand the laws that will guide a judge’s decision should your case go to court.
- Enforcement of a premarital agreement. We represent both men and women in the formation of premarital agreements in our state. Additionally, we can also help you to prove the validity of your premarital agreement, as well as enforcement of your premarital agreement, should your marriage end in divorce.
In addition to the above, we can also represent men who have been accused of, or who are victims of, domestic violence. We also provide representation to men who are in the military and who are navigating divorce.
Fathers’ Rights and Child Custody in a Virginia Divorce
As stated above, one of the most sensitive issues for men in a divorce is that of child custody, primarily because most men believe that they will not be given custody of their child(ren) based solely on the fact that they are men, not women. Our lawyers are here to help you to navigate the child custody process and protect your rights.
Courts cannot make a decision about child custody based on the gender of a parent alone. In fact, while there once was a presumption that mothers were indeed better caregivers than men, most states have done away with this. In fact, the law in Virginia explicitly reads that there “shall be no presumption in favor of any form of custody” (referring to sole or joint), and that the court shall encourage both parents to share in child-rearing responsibilities, and that there shall be no “presumption or interference of law in favor of either.” This is found in the Code of Virginia Section 20-124.2.
This means that when it comes to seeking custody of your child, you have just as much of a right and an opportunity to seek the custody arrangement that you want, and that is best for your child. You may try to seek sole or joint custody of your child depending upon your situation.
What Factors Do Courts Consider if Not Parental Gender?
When parents are divorcing, they are encouraged to negotiate their parenting plan outside of court; this is less expensive, less time-consuming, and often has a more favorable outcome. However, if parents cannot reach an agreement, they will need to turn to a judge to issue an order. Should a court be tasked with making a decision about child custody, it will do so based on the best interests of the child. In Virginia, factors that a court considers in determining a child’s best interests include:
- The age of the child;
- The mental and physical condition of the child;
- The relationship that exists between the child and each parent;
- The needs of the child;
- The role that each parent has played in the upbringing and care of the child;
- The ability and willingness of each parent to support the child’s relationship with the other parent;
- The desire of each parent to maintain a close relationship with the child;
- The preferences of the child;
- Any history of abuse or domestic violence; and
- Any other relevant factors.
By demonstrating to the court that your child spending time with you is within your child’s best interests, you can win full or partial custody of your child. Our lawyers know what courts are looking for and what it takes to build an effective case.
Call Our Virginia Fathers’ Rights Attorneys Today
While being a father may have many benefits, when it comes to a divorce, especially a custody child arrangement, men may feel as though fatherhood is a disadvantage. However, this is not necessarily the case, especially when a father is represented by a competent lawyer who knows how to advocate for their rights.
To learn more about our fathers’ rights lawyers and our legal services, please contact us today for a consultation. We serve clients in Richmond, Chesterfield, Henrico, and Harrisonburg, Virginia.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
March 29, 2019
Potential Reasons your Virginia Prenuptial Agreement Could be Deemed Invalid
Virginia is an equitable property state, which means that during a divorce, your marital assets will be divided in an equitable manner. Equitable does not mean equal. If you have a prenuptial agreement and it is deemed invalid, the court will divide assets according to Virginia law, not your contract. This is why it’s crucial to have your prenuptial agreement drafted by a Virginia family law attorney.
Here are some of the reasons your prenuptial agreement could be deemed invalid during your divorce.
Agreement is Not in Writing or Signed
The law does not allow for oral prenuptial agreements. Your marital agreement must be in writing in order for the court to determine its validity. And, on that note, if you have it in writing and it’s not signed by your spouse, the agreement will be declared invalid.
You Broke Up Before the Marriage
If you have joint assets prior to the marriage, you may have included those on your prenuptial agreement. If you end up breaking up before the wedding takes place, the agreement won’t be valid as the act of marriage is what would make it valid. To split up the assets you own jointly, you may have to litigate some of these issues.
Your Agreement has Invalid Provisions
The court will determine your prenuptial agreement is invalid if it contains invalid provisions. The courts give considerable latitude when it comes to what a prenuptial agreement can contain. However, if your agreement is in violation of a federal or state law, the judge may deem the whole agreement invalid. There is a chance the judge may only strike the clause that is invalid, but is it worth taking that risk to include something questionable in your agreement?
Agreement Contains Fraudulent Information or Assets are Missing
In order for a prenuptial agreement to be valid, both parties have to disclose all their financials. This includes income, debts, assets, and any other liabilities. If one party is attempting to hide assets or puts fraudulent information in the agreement, there is a good chance the judge will declare the entire agreement invalid. It’s important to be as transparent and forthcoming as possible in a prenuptial agreement so you do not run the risk of your soon to be ex claiming you purposely hid assets or misrepresented some information in the agreement.
Your Agreement is One-Sided
A prenuptial agreement that heavily favors only one party will likely be thrown out. You cannot draft an agreement that leaves one spouse in complete financial ruin in the event the marriage breaks up. These types of agreement are referred to as unconscionable contracts and won’t stand up in court.
Retaining a Virginia Marital Agreement Attorney
In the event you need to have a prenuptial agreement drafted, or you have been presented one to sign, it’s important to speak to a skilled Virginia premarital agreement attorney. By ensuring your soon-to-be-spouse has your agreement reviewed by his or her own independent attorney, it eliminates any claim of being forced to sign under duress or that they lacked mental capacity to sign. Contact Cravens & Noll PC at 804-330-9220 to schedule a consultation.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
October 13, 2018
Can a Reconciliation Agreement be an Alternative to a Divorce?
Reconciliation agreements spell out what both parties in a troubled marriage need to do in order to get back on track, and includes what will happen if it does or doesn’t. If your relationship is having serious problems, do you want to save it? If so, this may be worth a try and it has the benefit of some certainty over what will happen if the relationship ends in a divorce or not. If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and think this approach might be right for you, we may be able to help.
A reconciliation agreement is a postnuptial agreement allowing couples to give themselves a chance put their marriage back on track while stating in advance the terms of a split if the reconciliation fails or succeeds.
One could include a promise to get substance abuse treatment, stop having extra-marital affairs, or a promise by one or both parties to work less and give more time to each other. If these goals aren’t met, the practical details of a divorce will already have been agreed to and formalized.
These agreements allow couples to have a fresh start
Written commitments shared with others may be more likely to stick, especially if grave consequences of failing are also spelled out. They can help couples feel more secure personally, emotionally and financially because there is a future path spelled out, even if it may split in two in the future.
Reconciliation agreements can prevent some of the unknowns of a divorce and may help avoid the emotion and cost that comes if a divorce happens in the end. The terms of a split written into an agreement hopefully would’ve been agreed to when a couple is more hopeful and constructive rather than at a bitter end of a relationship.
A reconciliation agreement could be created at any time after a marriage takes place
It may help a couple after serious problems have come up. It could be the result of marriage counseling or the help of a family law mediator. This agreement may also be an option if the couple no longer lives together but haven’t yet gotten a divorce.
This agreement can try to set down who will have what kind of child custody as well as who will pay how much child and spousal support. If the couple divorces it will ultimately be up to a judge to decide whether or not the agreement is enforceable as is or needs to be changed. Child support that deviates from state guidelines may not be approved and child custody arrangements will need to be in the child’s best interests.
A reconciliation agreement needs to meet several requirements to become legally binding in Virginia
It needs to be a written document explaining the terms of their agreement. The spouses must both sign under oath and their signatures need to be witnessed by a notary.
A judge can “affirm, ratify and incorporate by reference” the spouses’ agreement in the divorce decree, the court order ending the marriage. Once affirmed, ratified and incorporated, the divorce settlement becomes a part of the divorce decree and either spouse may ask for court enforcement of the terms.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage might end in a divorce and want to discuss creating a reconciliation agreement, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights and your best options for moving forward.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 13, 2018
How Can I Control the Costs of a Divorce? Four Tips to Reduce Costs
The most important thing a couple can do to reduce the costs of a divorce is to eliminate, or at least narrow as much as possible, whatever areas of disagreement you may have with your spouse. The more disagreements there are and the less cooperation between parties, the costs in time, energy, emotion and money increase. There are many other things to consider when getting a divorce, but reducing the costs of a divorce is key. The attorneys at Cravens & Noll P.C., can work with you to try to limit as many costs as possible.
Reduce the areas of disagreement
Virtually any issue in a divorce such as splitting up assets, spousal support and child custody, if not resolved through an agreement could be litigated so a judge decides the outcome. The more litigation there is, the more costs there are and, depending on the circumstances, they could be substantial. An uncontested divorce, as opposed to one that’s hard fought, has a much lower cost.
That being said, being agreeable for the sake of making a divorce less expensive can have long term costs. You need to at least talk to an attorney before seriously engaging in any negotiations with your spouse. You may have rights you aren’t aware of and be entitled to certain things. You may just give all that up if you aren’t fully informed of the law. It’s much better to make an informed decision on a divorce agreement than quickly making one then later trying to pull it apart.
Resolve your differences with the help of a mediator
If the parties can’t make an agreement amongst themselves a mediator may be a wise investment. A mediator is a neutral third party who tries to help parties resolve disputes. They are often attorneys or retired judges. They charge by the hour and that expense is normally shared by the parties, so there is a cost to using a mediator. But if the parties are open-minded and willing to get help with coming to an agreement this can be far less expensive than litigation.
Retain the right attorney
An attorney is like any other professional. The more he or she has done something, the more knowledge he or she should have, the more effective and efficient the person should be. A “jack of all trades” attorney who takes a variety of cases may charge less but you may end up paying more for the attorney’s on the job divorce training. Things may take longer and the result may cost you far more in the long run than you saved in the short term, especially if a court decision needs to be appealed.
Cooperate with the attorney.
You may dread the divorce process and try to put it out of your mind but that won’t make it go away or speed up the process. If your attorney asks you for information or documents, respond in as timely a way as possible. Be proactive and cooperative. Don’t put things off until the last moment or skip scheduled meetings. The less the attorney needs to follow up with you, the less the attorney has to spend time getting what he or she needs, the lower the bill. Time is money. Don’t waste it.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage will end in a divorce, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights, the potential costs of a divorce and your best options for moving forward.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 12, 2018
How Does a Hurricane or Natural Disaster Impact Custody Orders?
With Hurricane Florence soon making landfall in the Carolinas and Southern Virginia, families are starting to head for higher ground. Flights are being cancelled. Work and school are being closed city by city in preparation for an all-out natural disaster.
One challenge parents will face is the enforcement of child custody orders during events like hurricanes and other natural disasters. When it is the noncustodial parent’s turn to have children, can the custodial parent violate a court-ordered exchange to keep the children safe? We explore this question in detail for unmarried parents planning to head in separate directions as torrential rains and winds hit the coast.
A Child’s Best Interest is Safety
Virginia courts will enforce custody orders not only so children benefit from both parents’ time, but to adhere to the law. In forming visitation agreements or split custody agreements, one element exists that carries through all things in family law – a child’s best interests.
With this in mind, let us look at how family court may view natural disasters like category 3 hurricanes.
A family law attorney will never advise clients to violate orders. Not only could that jeopardize an arrangement, it could perturb the judge enough to strip time from the violating parent and grant additional time to the parent who lost time.
With that said, judges will also use common sense. Not many families are outdoors when winds hit 80-100 mph; in fact, few drive anywhere except west to avoid being flooded into their homes. If the custodial father is to exchange two daughters at 5pm Saturday, but both parents have been separated by four-foot gullies of water over a mile wide, it is not unreasonable for the parent who has the children to deny the exchange.
A good-faith effort should be made to contact the other parent, however, and pictures of the flooded area should be taken. When the parent who did not receive the children takes the custodial parent to court, proof can be provided to the presiding judge (who clearly watches the news and knows a hurricane touched down), who will likely strike the violation down since the custodial parent was acting in the child’s best interest in protecting him or her from disaster.
Never Outright Tell a Parent No
Regardless if the hurricane hits Category 5 and you are forced to evacuate into the mountains, never outright tell a noncustodial parent that he or she can not have the children as scheduled. Be reasonable, letting the other parent see proof that imminent danger will prevent a safe exchange of the children.
If you have done your part to maintain the custody order and have communicated properly via text or phone, any reasonable human being will understand, including a family court judge.
Looking to retain Cravens & Noll for family law matters? Have questions about child custody attorneys or situations regarding natural disasters? Contact our firm to schedule a no-obligation consultation.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
November 17, 2017
Four Tips to Help You Win a Custody Case
If you’re involved in a child custody dispute in Central or Western Virginia the court’s idea of a “win” is an arrangement that’s in the best interests of your child. The legal strategy of custody cases is to convince the judge that your idea or plans for the custody arrangement is in the best interests of the child. The facts of the case are what the judge will consider in making a custody determination The job of an experienced family law attorney is to prepare your case in a manner so as to present the facts that favor the custody arrangement that you feel is best for your child.
Custody arrangements between the parties can be made after negotiations or mediation Custody is divided into legal custody (the ability to make important decisions impacting the child’s life such as medical, religious or educational issues) and physical custody (where the child primarily resides).
If the parents can’t come to an agreement a judge will decide the custody and visitation of a child based Here are some things to think about to improve the chances of success if your custody dispute ends up in court…
Is this about you or your child?
If your custody case is really about revenge against your former spouse or partner and an effort to inflict pain by denying the parent time with the child and the ability to make decisions concerning your child’s life, this may be a battle where there are no winners. If anger is motivating you, not the fact you want what’s in your child’s best interests, you need to re-think what you want and why. If a judge decides you’re engaged in a protracted, painful custody process out of spite you’re doomed to fail. This isn’t about your best interests and desires. It’s about the child’s best interests. The job of an experienced family law lawyer is to persuade a judge based on the facts and evidence presented that the custody arrangement you want is best for your child.
The future may be based on the past.
If you haven’t spent much time with the child or shown much interest in him or her and for whatever reason you’ve been on the sidelines of the child’s life, it’s not realistic to think a judge will issue an order where you will be the primary caregiver and the center of the child’s life. In this situation a win might be shared legal custody and the ability to spend time with the child on a regular and predictable basis. This would allow you to become a bigger part of your child’s life and if your relationship with the child flourishes, you would be in a better position to ask the judge for more time in the future.
Don’t threaten the other parent.
Don’t make physical or emotional threats against the other parent to try to force the parent to agree to the custody arrangement you want. Don’t threaten to stop paying child support or to turn the child against the other parent. A judge will look kindly on a parent who is open to cooperating with the other one. A judge could be very harsh to a parent making threats. The judge could decide it’s not in the child’s best interests to spend a lot of time with a parent who makes threats.
Don’t alienate the child against the other parent.
Do not, through words or actions, degrade the other parent in the eyes of your child, threaten to withhold affection or support to the child, threaten violence against the child or to isolate him or her unless the child turns against the other parent. If you think this will get your child on “your side” to help you get the custody arrangement you want, think again. In all likelihood it will backfire. Chances are the judge will learn about this and may decide it’s in your child’s best interests to stay away from you.
If you have any questions about child custody law or need representation in a Central or Western Virginia child custody matter, call Cravens & Noll at (804) 330-9220 for a free consultation at one of our five offices. We can discuss your situation, how the law may apply, how you can improve your chances of success and how we can protect your legal rights and interests.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
July 12, 2016
Adultery is Still a Player In Virginia Divorce Courts
Adultery still a defense to Spousal Support:
Virginia Court of Appeals Reverses Spousal Support Award for Adulterous Wife.
In the recent case of Mundy v. Mundy, the Virginia Court of Appeals reversed a lower court ruling granting spousal support to an adulterous wife. Mundy v. Mundy, 66 Va. App. 177, 184 (Va. Ct. App. 2016) Although the husband earned $850,000.00 per year, and the wife did not work outside the home, the court of appeals determined that given wife’s admission, and the lower courts finding, that Mrs. Mundy had committed adultery with “multiple” sexual partners, that the denial of spousal support would not be a “manifest injustice” under VA Code §20-201.1 (B).
This is in line with a line of cases beginning with Bandas v. Bandas, wherein an attorney husband was found to pay spousal support to his adulterous wife because of the relative inequities of income would produce a “manifest injustice” economically to deny her spousal support. Bandas v. Bandas, 16 Va. App. 427, 434 (Va. Ct. App. 1993)
What we can take from this new case is that adultery is still a player (no pun intended) on the divorce battlefield. Clearly, the circumstances of the adultery, multiple partners, and the relative lack of fault on the part of the husband in the dissolution of the marriage are factors the courts in Virginia will still reply upon.
Cravens and Noll, an experienced Virginia law firm, takes great pride in the trust our clients place in our counsel. Before taking a case, Cravens and Noll lawyers provide free consultations for clients call (804) 330-9220 to schedule.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.