Desertion Virginia Law Loudoun Abandonment Presumption 20-81

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Desertion/Abandonment In Loudoun – 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 Loudoun 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 Loudoun Virginia

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Sris Law Group
1-703-278-0405

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Divorce Cohabitation Virginia Law Loudoun Adultery 20-94

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Divorce In Loudoun – Virginia Lawyers

If you are seeking a divorce in Loudoun 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 Loudoun Virginia, contact our law firm immediately for help.

Divorce In Loudoun Virginia

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

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 Loudoun Virginia

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Sris Law Group
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Loudoun Child Custody Virginia Law Best Interests

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Child Custody Virginia Lawyer Best Interests In Loudoun

If you need help with a contested best interests child custody case in Loudoun 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 Loudoun 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 Loudoun Virginia, call us for

help.

A Sris
Sris Law Group
1-703-278-0405

Loudoun Prenuptial Agreement Virginia Law

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Prenuptial Agreement Cases Loudoun – Virginia Lawyers

Prenuptial Agreement Cases In Loudoun Virginia

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

LOUDOUN 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

LOUDOUN 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 Loudoun Virginia

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Sris Law Group
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Spousal Support Virginia Law Loudoun Alimony Divorce

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Spousal Support/Alimony In Loudoun – Virginia Lawyers

Whether you are asking for spousal support/alimony or defending against a request a for spousal support/alimony in Virginia, you need

an experienced Virginia lawyer to help you with your divorce.

Our law firm has handled numerous divorce cases in Virginia where spousal support/alimony is requested. We have the experience to help

you with this issue.

The Virginia Code 20-107.1 lays out the law for spousal support/alimony in Loudoun Virginia.

If you need help with a spousal support/alimony in Loudoun Virginia and are seeking an experienced Loudoun Virginia lawyer to assist

you with your divorce, call us.

Virginia Code 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 or upon the entry of a decree providing (i) for the dissolution of

a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate

maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no

authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded

from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of 20-91. However, the court may make such an award

notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a

manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined

duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the

future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50

percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to

modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which

contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of 20-

91 or 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit

    sharing or retirement plans, of whatever nature;

  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it

    appropriate that a party not seek employment outside of the home;

  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under 20-107.3;
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for

    persons possessing such earning capacity;

  10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training

    and employment to obtain the skills needed to enhance his or her earning ability;

  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the

    marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of

    the other party; and

  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the

    parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be

accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court’s order. If the court awards periodic

support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the

events and circumstances reasonably contemplated by the court which support the award.

G. For purposes of this section and 20-109, “date of separation” means the earliest date at which the parties are physically separated

and at least one party intends such separation to be permanent provided the separation is continuous thereafter and “defined duration” means a period of time (i) with

a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to

20-110.

H. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support,

including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders,

shall contain the following:

  1. If known, the name, date of birth and social security number of each party and, unless otherwise ordered, each party’s

    residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of his employer; however,

    when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party,

    information other than the name of the party at risk shall not be included in the order;

  2. The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due,

    and the date the first payment is due;

  3. A statement as to whether there is an order for health care coverage for a party;
  4. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for

    which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess

    of the current obligation applied to arrearages;

  5. If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders

    otherwise, the parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and any change of telephone number

    within 30 days after the change; and

  6. Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a

    judgment by operation of law

Statute Topic Description
Va Code § 20-107.1(A) When the Court can decree as to maintenance and support of spouses The court may make such further decree in the following proceedings:

  1. Pursuant to any proceeding arising under subsection L of § 16.1-241 or
  2. upon the entry of a decree providing
    1. for the dissolution of a marriage or
    2. for a divorce, whether from the bond of matrimony or from bed and board or
    3. that neither party is entitled to a divorce, or
    4. for separate maintenance

Maintenance and support payable by the estate of a deceased spouse cannot be decreed.

Va Code § 20-107.1(B) Changing maintenance as per Va Code of § 20-109 Change in maintenance and support shall be subject to the provisions of § 20-109, No permanent maintenance and support shall be awarded from a spouse if there

exists a ground of divorce under the provisions of subdivision (1) of § 20-91 in such spouse’s favor but in any case if there exists clear and convincing evidence,

that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative

economic circumstances of the parties, support may be awarded.

Va Code § 20-107.1(C) Maintenance payments how made
  1. Maintenance and support of a spouse be made in periodic payments for a defined duration, or
  2. In periodic payments for an undefined duration, or
  3. In a lump sum award, or
  4. In any combination thereof.
Va Code § 20-107.1(D) Reservation of Party’s right to receive support in the future In addition to subsection C, the court may reserve the right of a party to receive support in the future based on the following conditions:

  1. There shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the

    marriage and the date of separation.

  2. Once granted, the duration of such a reservation shall not be subject to modification
Va Code § 20-107.1(E) Factors considered in determining whether to award support and maintenance and in determining the nature, amount and duration of the award Factors considered in determining whether to award support and maintenance are the circumstances and factors which contributed to the dissolution of the marriage,

specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.Factors considered in determining

nature, amount and duration of the award:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of

    whatever nature;

  2. The standard of living established during the marriage, the duration of the marriage, the age and physical and mental condition of the parties and any

    special circumstances of the family;

  3. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not

    seek employment outside of the home;

  4. The monetary and nonmonetary contributions of each party to the well-being of the family; the earning capacity, including the skills, education and

    training of the parties and the present employment opportunities for persons possessing such earning capacity, the property interests of the parties, both real and

    personal, tangible and intangible, the provisions made with regard to the marital property under § 20-107.3;

  5. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the

    skills needed to enhance his or her earning ability;. the decisions regarding employment, career, economics, education and parenting arrangements made by the parties

    during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job

    market;

  6. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  7. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Va Code § 20-107.1(F) Spousal support in contested cases in the circuit courts, Any order granting, reserving or denying a request for spousal support shall also include a written findings and conclusions of the court

  1. Identifying the factors in subsection E which support the court’s order.
  2. If the support is for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, a specification of

    the events and circumstances which support the award.

Va Code § 20-107.1(G) Meaning of “Date of separation” and “defined duration” Date of separation means

  1. the earliest date at which the parties are physically separated and
  2. at least one party intends such separation to be permanent provided the separation is continuous thereafter and

Defined duration means a period of time

  1. With a specific beginning and ending date or
  2. Specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110.
Va Code § 20-107.1(H) Contents of the order entered on or after October 1, 1985 in cases where there are no minor children including original orders or modifications of existing orders

or orders confirming separation agreements,

The order should contain the following:1. Personal details:

  1. If known, the name, date of birth and social security number of each party and,
  2. Unless otherwise ordered, each party’s residential and,
  3. If different, mailing address, residential and employer telephone number, driver’s license number, and
  4. The name and address of his employer;

If a protective order has been issued or if court believes that a party is at risk of physical or emotional harm from the other party, information other than the name

of the party at risk shall not be included in the order;

2. Spousal support amount

  1. The amount of fixed sums of periodic spousal support
  2. The payment interval,
  3. The date payments are due, and
  4. The date the first payment is due;

3. Health care coverage statement

Statement as to whether there is an order for health care coverage for a party;

4. Support Arrearages

  1. To whom an arrearage is owed and the amount of the arrearage,
  2. The period of time for which such arrearage is calculated, and
  3. A direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied

    to arrearages;

5. If spousal support payments are ordered to be paid directly to the obligee,

  1. The parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and
  2. Any change of telephone number within 30 days after the change

NOTICE:

That in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by

operation of law

If you need help with a spousal support/alimony in Loudoun Virginia and are seeking an experienced Loudoun Virginia lawyer to assist

you with your divorce, call us.

A Sris
Sris Law Group
1-703-278-0405

Annulment Virginia Law Loudoun Grounds 20-89.1

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Annulment In Loudoun – 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 Loudoun 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 Loudoun Virginia

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A Sris
Sris Law Group
1-703-278-0405

Prenuptial Agreement Loudoun Virginia Law Premarital 20-149

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Prenuptial Agreement Cases In Loudoun – Virginia Lawyers

Prenuptial Agreement Cases In Loudoun Virginia

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LOUDOUN 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 Loudoun Virginia

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A Sris
Sris Law Group
1-703-278-0405

Prenuptial Agreement Loudoun Virginia Law Premarital 20-150

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Prenuptial Agreement Cases In Loudoun – Virginia Lawyers

Prenuptial Agreement Cases In Loudoun Virginia

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LOUDOUN 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.

LOUDOUN 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 Loudoun Virginia

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Sris Law Group
1-703-278-0405

Inconvenient Forum Loudoun Virginia Law

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Inconvenient Forum Cases In Loudoun – Virginia Lawyers

Inconvenient Forum Cases In Loudoun Virginia

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LOUDOUN 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.

LOUDOUN 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 Loudoun Virginia

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

A Sris
Sris Law Group
1-703-278-0405

Simultaneous Proceedings Loudoun Virginia Law

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Simultaneous Proceedings Cases In Loudoun – Virginia Lawyers

Simultaneous Proceedings Cases In Loudoun Virginia

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

LOUDOUN 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 Loudoun Virginia

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

A Sris
Sris Law Group
1-703-278-0405