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Recent Blog Posts

Who Gets the Stimulus Check When Spouses Are Separated or Divorcing?

Going through a divorce is stressful enough, but the coronavirus pandemic spreading throughout the United States presents additional complications for spouses who have decided to split. In addition to changes that might need to be made regarding custody and visitation arrangements while travel is restricted, negotiations over property division need to address any new economic… Read More »

Communicating With Your Ex About COVID-19 Custody Issues

During a crisis such as the COVID-19 pandemic, family becomes more important than ever, especially for children whose schedules have been disrupted by long-term school closures and the cancellation of other activities. Parents who are divorced or live apart for other reasons know the importance of maintaining healthy communication through difficult situations. Though this situation… Read More »

Marital & Separate Property in Virginia and Tips if You Are Planning on Leaving the Marital Residence

At time of the final hearing in divorce cases the Judge has the statutory duty to classify all property as marital( broadly meaning acquired during the marriage using marital funds) or separate property ( broadly meaning acquired before the marriage, after separation, or by inheritance or gift from a third party) or in some instances… Read More »

How Does Fault Factor Into Distribution Of Marital Property At Divorce Trial:

Virginia has several fault based grounds for divorce, the most frequent being – adultery, desertion and abandonment, and cruelty. Virginia law states that a judge shall consider several factors listed in §20-107.3 of the Virginia Code when deciding how to divide marital property. One specific factor that is listed is “the circumstances and factors which… Read More »

Understanding Spousal Support/Alimony in Virginia

Alimony or spousal support is based upon the philosophy that there is a duty of one spouse to provide financial support to the other upon the termination of marriage. The theory of alimony has changed over the decades to recognize the ability of either spouse’s ability to provide financial support to the other, rather than… Read More »

Attorney David R. Daugherty Named to Super Lawyers® Rising Stars List for 2015

The Daugherty Law Firm is pleased to announce that attorney David R. Daugherty has been selected for the Virginia Super Lawyers® Rising Stars list for 2015, which honors lawyers who have attained a high-degree of peer recognition and professional achievement. The selections for this esteemed list are made by the research team at Super Lawyers,… Read More »

Protective Orders

There are two changes to the protective order include granting the court authority to prevent a party from terminating insurance, registration or taxes on a motor vehicle and require the payment of these times as deemed appropriate by the court. For you pet lovers going through a protective order, the court now has authority to… Read More »

Custody and Visitation

The definition of who has standing with a “legitimate interest” regarding issues of custody, visitation and support was enacted expanding the scope of such persons to include “step-grandparents.” Therefore, a step-grandparent with a legitimate interest may now Petition a court for custody, visitation, and child support.

Child Support

The General Assembly has updated the Virginia Child Support Guidelines, the first update since the 1980s. The update is based on the application of current economic data and costs of living information. The other change is the $250.00 threshold amount for unreimbursed health care costs has been eliminated. The court will base the payment of… Read More »

Life Insurance

The new bill now provides the court authority at a temporary hearing (pendente lite) to require a party to maintain an existing policy of life insurance owned by that party insuring the life of either party or to require a party to name as beneficiary the other party or an “appropriate person” for the exclusive… Read More »