The Susan Hicks Group PC

Fairfax Family Law Blog

The Susan Hicks Group, PC enjoys the day at the 18th Chipping In to End Domestic Violence Charity Golf Tournament!

golf.jpgEach year another local firm organizes and hosts the Chipping In to End Domestic Violence Charity Golf Tournament. Once again, The Susan Hicks Group, PC sponsored the tournament and attorneys Debra Powers, Leigh Taylor, and Dana Wolfson, along with Dana's husband, enjoyed a day of fun and community camaraderie. While we were far from the first place team, the tournament raised $53,732.41, which will go directly to the Artemis House.

What Is A No-Fault Divorce?

In Virginia, spouses can file for divorce on either a “fault” or “no-fault” basis. No-fault divorce is a popular option because neither party is required to place or accept blame in order for the marriage to be dissolved. However, divorcing couples do have the option of filing a fault-based divorce in certain circumstances. Care must be taken in determining whether to file on a fault basis, and if so, the grounds upon which to file for divorce.

Are Retirement Accounts Subject To Property Division?

In Virginia, courts divide marital property equitably in a divorce. Virginia law defines marital property as all property acquired following the date of marriage and before the date of the last separation, including retirement accounts and retirement savings. There are exceptions for property acquired during this period if it is acquired through inheritance or gifted from a party other than the spouse, or if the property is an increase in value of property owned by one party prior to the marriage.

Understanding The Virginia Military Parents Equal Protection Act

Members of the military have an important duty to fulfill and that duty should not be used against them when it comes to their rights as parents. The Virginia Military Parents Equal Protection Act was passed in 2008 to protect military parents’ rights to contact and visitation (when possible) even during periods of deployment.

Addressing Military Family Care Plans In A Divorce

Military service members with children going through a divorce must create or amend a family care plan. All branches of the military require these plans to ensure that the children of military parents will be properly cared for, particularly in the event of sudden deployment.


How Are Spousal Support Payments Calculated?

Virginia law outlines a clear schedule of monthly basic child support obligations, so people going through a divorce often assume that a similar schedule is available for spousal support or alimony obligations. Unfortunately, that is not the case. Instead, the law indicates the factors that courts should take into consideration when making spousal support decisions.

You can't just move away if you have a child custody order

During your divorce, you had the challenging task of attempting to create a child custody arrangement that would not only work then, but in the future as well. Unfortunately, you can't account for every eventuality when all you have to work with is a snapshot in time and hopes for the future.

You may reach a point where taking the next, best step in your life requires you to move. The problem is that you can't just move away with the children since you have an existing child custody order. If you want to relocate and take the children with you, you will need the court to approve the relocation and modify your existing order.

Would you consider a plan where the kids are the empty nesters?

The term "empty nesters" ordinarily applies to parents whose adult children have left home. So, you may be asking yourself, under what circumstances do children become empty nesters? It happens through a relatively unique type of co-parenting arrangement in which the children remain in the family home after a separation, or even possibly after divorce, and the parents rotate in and out of the home on a predetermined schedule.

As you can imagine, this type of custody arrangement - often referred to as "bird nesting" or just "nesting" - offers many advantages for the children and family as a whole, but also causes some complications for the parents. Many parents are able to handle the negatives and think the benefits to this arrangement are worthwhile, especially on a temporary basis.

Common reasons for the breakdown of a marriage

The reasons why couples divorce are as numerous and unique as the couples themselves. As each marriage progresses through time the spouses’ two personalities ebb and flow – one stronger at one time, the other weak; the two personalities melding and harmonizing for a period, and then dramatically contrasting. Each conflict is different from what the same couple may have experienced at a different time in their lives and it is different from what another couple may experience even when the disputed issue is the same or similar.

If you are approaching a divorce, you may find it difficult to talk about it, fearing that few people would truly understand what you are going through. And, in many respects, what you are going through is especially unique to you.

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