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Practice Areas
Family Law & Divorce
The decisions couples make during divorce or separation have long-term effects on themselves and their children. For clients undergoing a divorce or separation, there are three major interrelated subject areas to consider:
- Areas directly related to children, including custody, visitation and child support
- Areas directly related to property, including valuation and division ("equitable distribution") of property (real estate, furnishings, vehicles, accounts, stocks and bonds, business interests, pensions and retirement benefits, etc.), and payment of debts
- Support payments by one spouse to the other (if appropriate, depending on the case), often called "spousal support," "alimony" or "maintenance"
Separation or Property Settlement Agreements
A “Separation Agreement,” “Property Settlement Agreement” or similarly titled document is a written document drafted by an attorney that reflects agreements which separating and/or divorcing spouses have reached through informal discussions, negotiations, or mediation.
Child Custody and Visitation
When parents are undergoing divorce, courts in Virginia must provide prompt adjudication of child custody and visitation arrangements. The court’s primary consideration is the best interests of the child. In determining child custody and visitation, the court has the responsibility to assure frequent and continuing contact with both parents, when appropriate, and to encourage parents to share in the responsibilities of parenting. There are no presumptions or inferences of law in favor of either the mother or father.
Equitable Distribution of Property and Debts
Divorcing couples and their attorneys, or the court, must determine how to divide marital property and who will pay family debts. Property includes real estate, such as homes, land and buildings; and personal property, such as automobiles, bank accounts, stocks, bonds, pensions, furniture, and personal effects.
Pension, Profit-sharing and Retirement
Courts in Virginia may direct one spouse to pay the other a percentage of the marital share of his or her retirement benefits, pension, profit-sharing, or deferred compensation plans. This applies whether the funds are vested or non-vested, and whether the funds are payable in a lump sum or over a period of time.
Child Support
Both parents under Virginia law are responsible for the financial support of their minor children. A Virginia statute provides guidelines that include a chart for computing the basic monthly amount of child support obligation.
Spousal Support (alimony)
Temporary spousal support (also referred to as "alimony" or "maintenance") may be granted from the date of marital separation until the couple negotiates a final property settlement and support agreement, or until the court rules on permanent support in a contested divorce.
Premarital (Antenuptial or Prenuptial) Agreements
Virginia’s Premarital Agreement Act, passed by its legislature in 1985, defines a premarital agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” It requires that the agreement be in writing and signed by both parties, such agreement being enforceable without consideration.
Adoption
Although most adoptions are uncontested and the process is very straightforward, Shoun, Bach, Walinsky & Curran, P.C. attorneys are experienced and knowledgeable in the processing of several types of adoption.
Mediation
Mediation is an alternative dispute resolution process that allows parties to settle their differences with the assistance of a neutral third party (the mediator) rather than seeking a negotiated resolution through their attorneys or a litigated resolution through the court system. Mediation has become a very effective and popular means to resolve issues that arise in the domestic relations realm.
Collaborative Divorce
The heart of Collaborative Divorce is to offer you and your spouse the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Divorce allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team.
Wills and Powers of Attorney
As part of a total estate plan, the attorneys at Shoun, Bach, Walinsky & Curran, P.C. recommend that all of our clients have current Wills, powers of attorney, and advance medical directives.
International Family Law
The mention of international family law often produces puzzlement as to what it is. The commonplace view is that the field primarily deals with children being abducted from one country to another. Child abductions abroad are an important part of the practice but there are many other types of family law cases that involve international issues as well. The truth is that virtually every US divorce or custody case has the potential for the emergence of an international issue and perhaps even an international calamity.
News
On Tuesday, May 3, one of our partners at the firm, Albert Bonin, had the privilege of presenting with his peers a presentation on collaborative law to the D.C. Academy of Collaborative Professionals. This included information on the basics of divorce law throughout Virginia, Maryland and D.C., as well as some of the particular procedures to each jurisdiction.
Learn more about the information presented by Mr. Bonin in our...
April 27, 2011
Shoun, Bach, Walinsky & Curran, P.C. is proud to support the involvement of one of our partners, Albert Bonin, as co-chair of the Development Committee of the Fairfax Law Foundation with Sharon Nelson of Sensei Enterprises.
The Fairfax Law Foundation offers many services to the community, including a conciliation program, an education committee for youths pursuing law and a pro bono law center. Learn more about these...
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