Rinehart, Butler, Hodge, Moss & Bryant P.L.C.Attorneys At Law

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Virginia Family Law Article Library

We want our clients to be informed – not only about the details of their own case, but about their rights and options as written in Virginia law. The collection of articles below will help our readers learn more about family law in Virginia, from changes in state laws, to easy-to-understand summaries of your rights, to answers to common questions about divorce law in Virginia. We have organized the articles into four sections: divorce law, division of property law, child custody law, and domestic violence law.

If you browse our articles and would like more information about a specific topic, contact us today.

Virginia’s System of “Concurrent Jurisdiction” on Child Custody, Visitation, and Support

Virginia’s judicial system for deciding issues of child Custody, Visitation, child support, and spousal support can be somewhat confusing to those not familiar with it. Virginia has a dual court system called “concurrent jurisdiction”, in which both the Juvenile and Domestic Relations District Court (the J&DR Court) and the Circuit Court have the authority to

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Think carefully before you rush into Court to have your child custody or visitation case tried before a Judge

SHOULD I TRY TO RESOLVE MY CHILD CUSTODY/VISITATION DISPUTE OUTSIDE OF COURT? There are many reasons to consider settling your child custody or visitation case by agreement instead of resorting to the Courts. Some people feel that going to Court is the only way that they will ever see a fair result in their child

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At What Age Does a Child Get to Decide Which Parent They Want to Live With Under Virginia Law?

It is a question that most Virginia divorce and child custody attorneys have been asked on many occasions. The fact is, under Virginia child custody law, there is no “magic age” at which the child gets to make the decision as to which parent will have custody of him or her. In fact, the child

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Spousal Support is not the same as child support

Ken Hodge has outlined some important distinctions between spousal support and child support in his recent article, “Underatand the Differences Between Spousal Support and Child Support.” Please click the link above to review the article and feel free to post your comments.

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Understand the Interplay Between Spousal Support and Child Support (…and be sure your lawyer does, as well)

Every client who either receives or pays child support and spousal support (and certainly every lawyer handling a support case) needs to understand the interplay between these two very different types of support under Virginia law. The basic concepts are simple: spousal support is counted as income to the recipient for child support purposes.

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Understand the many differences between spousal support (alimony) and child support before you begin your divorce or separation!

Most folks approaching a divorce or marital separation for the first time are generally aware that there may be support obligations from one spouse to the other, particularly when children are involved. But often people are not fully informed of the important differences between “spousal support”, or what used to be called “alimony”, and “child

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“I owned it before we got married….it’s mine, isn’t it??”

Many people experiencing divorce for the first time are surprised to learn that property that they owned prior to the marriage–even property that has remained solely titled to them throughout the marriage—may be considered partially or entirely “marital” property by the court in the divorce. Once the property is deemed “marital”, it is subject to

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The Role of “Fault” in Divorce Decisions

Many, if not most, people involved in a hotly contested marital separation or divorce case are very focused on the bad behavior of their spouse during the marriage. Whether the other spouse committed adulterty, was cruel or abusive, or simply “dropped out” of the marriage for no good reason, many divorce litigants will direct a

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“I owned it before we got married….it’s mine, isn’t it??”

Many people experiencing divorce for the first time are surprised to learn that property that they owned prior to the marriage–even property that has remained solely titled to them throughout the marriage—may be considered partially or entirely “marital” property by the court in the divorce. Once the property is deemed “marital”, it is subject to

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How is Disposable Military Retired Pay (DRP) Dealt with in Virginia Divorce Cases?

For military members and their spouses, one of the most important questions that confronts them in their marital separation and divorce case is how the military member’s Disposable Retired Pay (DRP) will be addressed by the Court in the divorce. The simple answer is that, to the extent that a servicemember’s “creditable service” was earned

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