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Channel: Ariel Baniowski – Livesay & Myers, PC
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Where Should You File Your Family Law Case?

The Difference Between Jurisdiction and Venue Jurisdiction and venue are two very different legal terms that are often, and wrongly, used interchangeably. Jurisdiction is the power of a court to...

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Boilerplate Provisions in Virginia Separation Agreements

When negotiating a marital settlement agreement or separation agreement, you will inevitably hear your counsel talk about certain standard “boilerplate” provisions. You will probably just glance over...

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Is There Any Advantage to Filing First?

Family law attorneys are constantly asked what, if any, advantage there is to filing first. Whether it is for divorce, custody or support, the answer is both “yes, there is an advantage” and “no, there...

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The Basics of Paternity in Virginia

Paternity is a father’s assumption of legal rights and responsibilities to a child. An established legal father of a child has a duty and obligation to support that child, as well as the right to...

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Child Custody After Death of Parents

Are you a divorced or unmarried parent? If so, have you ever wondered what would happen to your child in the event you died? If you are a noncustodial parent, have you wondered what would happen if the...

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Viewing Marriage as a Business and Divorce as the Dissolution

“Am I going to have to pay spousal support?” “I’ve been out of the workforce for fifteen years. Will I get any support?” “It was my military service! Why should my spouse get a portion of my...

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Four Child Custody Myths in Virginia

It is not uncommon for parents facing a custody and visitation dispute to enter it with preconceived notions of what the court will and should consider in deciding their case. Upon sitting down with a...

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Choice of Guidelines in Virginia Child Support Cases

Sole vs. Split vs. Shared Child Support Guidelines Virginia law recognizes the obligation of parents to support their children financially, and the Virginia child support guidelines account for that...

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Unenforceable Custody and Support Provisions in Separation Agreements

It is not uncommon for people undergoing divorce to approach their attorneys with a laundry list of terms regarding their children that they would like included in their separation agreement, or for...

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Incorporation and Merger of Your Separation Agreement

In many Virginia divorce cases, the parties resolve outstanding issues between them by use of a separation agreement, also frequently referred to as a “marital settlement agreement” or “property...

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