News


Smartphones, Your Privacy (or lack thereof), and the 4th Amendment

Posted on March 05, 2012 in General News

It is difficult to imagine how the generations before us survived without the technology available today. I know books helped, but Google provides answers in seconds. Data, translations, email, directions, and the answers to even the most random questions are instantaneously delivered upon request. Now, with smartphones we carry these capabilities,

Dividing Defined Benefit Plans

Posted on February 29, 2012 in General News

A defined benefit plan is an employer-sponsored retirement plan where employee benefits are determined pursuant to a formula which may involve factors such as salary history, duration of employment, or other criteria. Pensions are examples of defined benefit plans.
In the context of a divorce, the Court may award the non-participant spouse up to 50% of the “marital share”

Second Chance Per Hernandez: Shifts Responsibility to Defendants

Posted on February 17, 2012 in General News

The condensed story for Hernandez is that he was charged with feloniously assaulting a police officer in violation of Va. Code § 18.2-57(C). The lower court held that the court did not have the authority to defer disposition (even though such a result might be appropriate), as the defendant was not charged with a crime that had been specifically designated by the Virginia legislature as eligible for such deferment.

Dividing Defined Contribution Plans

Posted on February 05, 2012 in General News

A defined contribution plan is an employer-sponsored retirement plan where the amount of the employer's annual contribution is specified and the employee can also elect to make contributions. 401(k) plans and profit-sharing plans are examples of definedcontribution plans.
In the context of a divorce, the Court may award the non-participant spouse up to 50% of the “marital share”

Dividing Retirement Benefits in Divorce

Posted on January 31, 2012 in Divorce, Family Law

One category of assets that causes much confusion for clients in the context of dividing property and debts in a divorce action is retirement benefits. The term “retirement benefits” includes defined contribution plans such as 401(k) plans and profit sharing plans, as well as defined benefit plans such as pensions.
Section 20-107.3(G) of the Code of Virginia addresses how these benefits are to be divided: “Upon consideration of the factors set forth in subsection E,

New Year, New Relationship

Posted on January 15, 2012 in General News

As a domestic attorney, I hear many different stories as to why individuals make their way to my office and, eventually, end up pursuing a divorce. From family to family, the details differ, but I have reached the conclusion that most divorcing people have experienced a disconnect with their spouse in at least one of four main areas (in no particular order): how to manage money,

Advance Health Care Directive Registry

Posted on December 12, 2011 in General News

At the completion of my document signing meetings for my estate planning clients, many have questions about what to do with their newly-executed documents. As a result, I spend a good amount of time at the conclusion of these meetings educating my clients about their estate planning “next steps.” Until recently,

When Young People From Good Families Make Bad Choices

in General News

“I’ve been clean and sober for 8 years, my parents sent me
to rehabafter I graduated from high school, college, and law school. Don’t
ever give up on your kids.” These were
the words spoken to me by the prosecutor in the City of Richmond as we left the
court room after my son’s criminal case for possession almost 10 years ago.

Considering an Alternative to Litigation

Posted on December 03, 2011 in Divorce, Family Law

In recent years, many divorcing couples have chosen mediation as an alternative to litigation. Mediation involves many of the same procedures as litigation, but is geared to produce less hostility and lower the costs for the parties. Many mediators in Virginia have been properly trained for this process; however, some mediators have not.

Deck the halls…while screaming and crying?!?!

Posted on November 30, 2011 in Child Custody & Visitation, Divorce, Family Law

The holiday season is perhaps the most difficult time of year for clients going through a divorce (or even those who have previously gone through one), especially if the client has a minor child or children. Like clockwork, as the major holidays come and go, so too does the barrage of phone calls to my office regarding the holiday visitation schedule.