Plain-English explanations of Virginia family law from Attorney Borden — what the statutes say, how the courts apply them, and what it means for your case.
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Child Custody in Divorces Involving a Convicted Felon
When dealing with a divorce where one parent has a felony conviction, the issue of child custody and visitation arrangements becomes especially complicated. You may worry about how the felony record could affect your child’s future and well-being. Courts have to carefully consider the child’s best interests while also respecting the rights of both parents, […] Read article
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How to Obtain a Restraining Order in Virginia: Your Step-by-Step Guide
When faced with threats, violence, or harassment, protecting yourself and your loved ones is a top priority. In Virginia, obtaining a restraining order—commonly referred to as a protective order—can be a powerful legal tool to ensure your safety. This comprehensive guide will walk you through everything you need to know about the restraining order process in […] Read article
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Understanding Child Support and Custody Laws in Virginia: Key Insights for Parents
Navigating child custody and support laws during or after a divorce can be a challenging process. In Virginia, the legal framework prioritizes the well-being of children, ensuring they receive the support and stability they need. For those aged 45–60 dealing with family law matters, having a clear understanding of these laws is essential. Here’s what […] Read article
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How Virginia Courts Handle Overseas Assets in Divorce
Dividing assets in a Virginia divorce is already a complex process, and it becomes even more challenging when one or both spouses own property, bank accounts, businesses, or investments overseas. Virginia follows the equitable distribution model, meaning that marital assets are divided fairly—but not necessarily equally—upon divorce. Under Va. Code § 20-107.3, courts classify all property […] Read article
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How Maryland Courts Handle Overseas Assets in Divorce
Dividing assets in a Maryland divorce becomes even more complex when foreign property, bank accounts, or investments are involved. Maryland follows the equitable distribution model, meaning marital assets are divided fairly but not necessarily equally under Md. Code Ann., Family Law § 8-205. Maryland courts include all marital property, regardless of location, in the division process. […] Read article
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Asset Tracing During Divorce: Finding Hidden Assets
Divorce can be an emotionally and financially turbulent experience, especially for high-net-worth individuals. When significant assets are involved, one spouse may attempt to hide, transfer, or undervalue their wealth to gain an unfair advantage during the division of marital property. This is why asset tracing plays a critical role in ensuring a fair and equitable […] Read article
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How Is Child Support Calculated in Virginia?
Virginia uses an income-shares formula in Code § 20-108.2. We walk through the calculation step by step, with a worked example, including shared custody, deviations, and imputed income. Read article
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Grounds for Divorce in Virginia: Fault vs. No-Fault
Virginia recognizes no-fault separation plus four fault grounds: adultery, cruelty, desertion, and felony conviction. When to choose each, what each requires, and how grounds affect spousal support. Read article
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When Can You Modify a Child Custody Order in Virginia?
Virginia modifies custody when there is a material change in circumstances and the modification serves the child’s best interests. The two-part test, qualifying changes, and the procedure. Read article
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How Long Does a Divorce Take in Virginia?
Uncontested no-fault divorces in Virginia typically finalize in 3–6 months. Contested divorces in Fairfax, Loudoun, Prince William, Arlington, and Alexandria typically run 9–18 months. Read article
