Articles by ShounBach

Co-parenting after divorce is challenging for families and can significantly impact children. According to the American Association of Marriage and Family Therapy, up to 25% of children from divorced families develop emotional and behavioral issues. This statistic underscores the profound effect divorce can have on young people. However, parents who commit to co-parenting can create a supportive environment by prioritizing their children’s health and well-being. Consistent Parenting Styles When both parents engage in co-parenting, it creates a consistent and unified approach to raising children. This fosters a sense of stability, allowing …

Blended families are on the rise, making thoughtful estate planning more important than ever. Virginia’s laws may not automatically reflect your wishes, particularly when it comes to children from previous marriages. Six Key Points to Consider for Blended Families When creating an estate plan for your blended family, several key factors require careful consideration: Intestacy: If you pass away without a will in Virginia, the state will decide how your assets are distributed, which could lead to unintended outcomes for your blended family. A will allows you to state your intentions clearly. Spouse vs. children: Virginia law gives priority…

Unfortunately, infidelity remains a leading cause of divorce. If you or your spouse has been involved in an extra-marital affair, it could change things. Adultery in a Virginia divorce could affect your divorce proceedings. It Can Lead to a Fault-based Divorce Most divorces in Virginia are filed on no-fault grounds, which means they are based on the couple’s separation after a required period—typically one year. Neither party can file for divorce without evidence of fault unless they have been separated for more than a year. However, if a spouse has committed adultery, a divorce can be filed immediately without waiting for the one-year se…

ShounBach is pleased to announce that 5 lawyers have been included in the 2025 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “For more than 50 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions,” said Best Lawyers CEO Phillip Greer. “It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel.” Best Lawyers has earned the respect of the professio…

Some people start small businesses after gaining local fame for things like barbecue sauce or Earl Grey cupcakes. Others take over family businesses or invest in franchises. Additionally, many professionals with state licenses set up their own practices. Running a small business can be both challenging and fulfilling. Many enjoy the thrill of managing their own careers and income, often working alongside family members. However, when someone files for divorce, owning a business can complicate the process. How might a business or professional practice impact divorce proceedings? Here at ShounBach, we have dedicated family law attorneys to h…

Divorce proceedings frequently necessitate important decisions about children’s futures, especially concerning their education. In Virginia, as in many states, questions often arise about a divorced parent’s obligation to contribute to college expenses and the management of 529 college savings accounts. This article explores the division of college savings accounts during divorce and offers insights for parents navigating the complexities of divorce while planning for their child’s education. Can a Divorced Parent Be Forced to Pay for College in Virginia? In Virginia, unlike in some other states, there is no statutory requirement for a par…

The financial responsibilities between spouses can sometimes lead to contentious family court disputes. Many couples lack a pre-existing agreement regarding alimony, necessitating either negotiation for an uncontested divorce or litigation, in which case a judge will apply Virginia law to their situation and make a decision. The primary concerns about alimony in Virginia are its duration and the amount one spouse must pay the other. There is no Virginia spousal support calculator. Instead, the specific circumstances of each case and the application of certain factors in the Virginia Code influence the decision about alimony. In cases invol…

Adultery is defined as a married person engaging in sexual intercourse with someone who is not their spouse. Under Virginia Code § 20-91, adultery is a fault-based ground for divorce, and unlike other grounds, there is no waiting period before filing. Although proving adultery in a divorce in Virginia can be challenging, if established, it can significantly impact the financial aspects of the divorce, particularly concerning spousal support. Here at ShounBach, we have experienced divorce lawyers in Virginia to help you navigate your divorce. How to Prove Adultery in Virginia To qualify as a ground for divorce, the affair must be physical;…

Shared custody arrangements bring about various responsibilities and questions. One particular issue that often arises is determining which parent is entitled to claim the child for tax benefits. This question, while seemingly simple, is surrounded by legal stipulations that can have significant implications. That is to say, making an incorrect decision can lead to financial repercussions and may also complicate co-parenting arrangements. Such complications can inadvertently impact the stability and structure essential to the child’s development. Determining ahead of time who claims a child on taxes with 50/50 custody, then, is imperative….

If you have a child out of wedlock, your custody rights might depend on which parent you are. You need parental rights to build a relationship with your child. Fighting for custody in a divorce is difficult enough, but custody disputes can also occur among unmarried parents. You may be able to work out a custody arrangement with the other parent. If not, you must get a court order establishing custody of the child. The process can be even more complicated if you are not on the child’s birth certificate. You might need to establish proof of paternity through a DNA test before you can seek child custody rights. Are you an unwed parent worrie…

ShounBach has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, regionally in 2 practice areas. Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2024 edition of The Best Lawyers in America®. Achieving a tiered ranking in Best Law Firms® on a national and/or metropolitan scale signals a unique credibility within the industry. The transparent, collaborative research process employs qualitative and qua…

ShounBach is pleased to announce that 6 lawyers have been included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “For more than 50 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions,” said Best Lawyers CEO Phillip Greer. “It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel.” Best Lawyers has earned the respect of the professio…

If you are considering divorce, the idea of being a single mother can be terrifying, especially if you are a stay-at-home mom (SAHM). Your first thought might be to wonder how you will be able to provide for your children. If you are economically reliant on your partner, the thought of starting over with your children can leave you reeling. What will your financial situation look like? Will you be able to go back to work, and if so, how will you handle child care? Divorce can be both a burden and a relief for many families. As a stay-at-home parent seeking a divorce, you might feel trapped and unsure of your next steps. You do not have to …

Key Takeaways Residency Requirement: At least one spouse must have lived in Virginia for a minimum of six months before filing for divorce. Types of Divorce: Divorces are categorized as either uncontested or contested, with uncontested being quicker and simpler. Grounds for Divorce: Options include no-fault divorce based on separation or fault-based grounds like adultery, cruelty, or felony conviction, each with different waiting periods. Separation Periods: For uncontested divorces, a one-year separation is required if there are minor children involved, and six months if there aren’t. Contested Divorce Duration: More time-consuming due to…

Divorce can be emotionally draining, distracting, and devastating to your life. It makes it harder to focus on basic tasks or think clearly, especially regarding important things like work and even issues of estate planning. Many people do not consider how divorce affects a will, for example. Understanding the divorce process and implementing the essential changes you must make before your divorce is finalized can save you all manner of headaches and ensure that your assets are distributed exactly as you wish. The knowledgeable Virginia family law and divorce lawyers at ShounBach are here to help you with estate planning after a divorce. T…

With nearly 39 percent of marriages ending in divorce, chances are you know someone going through a divorce or has gone through one recently. Even if your friend is leaving an unhappy marriage, divorce is difficult to endure. If you have never experienced the end of a marriage, you may be at a loss regarding how to help with the pain and heartbreak your friend suffers. At ShounBach, we help our clients through the legal process of getting a divorce in Northern Virginia while lending a listening ear. Here are some tips you can apply to help a friend or loved one as they go through a divorce. If you or your friend needs a divorce lawyer, cal…

No matter the circumstances, a divorce can be complex. When there is a substantial amount of assets to be divided, negotiations can be precarious, and tensions can quickly escalate. Relationships that once were steadfast can be torn apart. Hiring a divorce lawyer can not only help alleviate some of the stress, but it can also smooth over the process and even help to manage expectations so that some semblance of respect the couple had for one another remains. Our team of skilled attorneys is ready to guide you through the process of dividing assets in your divorce. What Are the Divorce Proceedings in Virginia? Divorce proceedings in Virgini…

The divorce process in Virginia can be very hard on you and your entire family. Knowing who you can trust while dissolving your marriage can be difficult. However, rest assured that if you hire a Virginia divorce lawyer from ShounBach, they will have your best interests in mind from the moment you hire their legal team. Emotions run high during the dissolution process, and it can be easy to lose your cool. However, decisions you make while you are angry, disappointed, or upset may not be good ones and could have lasting effects. Therefore, staying calm, cool, and collected is the best way to make it through the divorce process. Your divorc…

ShounBach has been ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 2 practice areas. Firms included in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2023 edition of U.S. News – Best Lawyers® “Best Law Firms”; includes rankings in 75 national practice areas and 127 metropolitan-based practice areas. Additionally, one “Law Firm of the Year” was named in each nationally-ranked practice…

The divorce process can be painful and devastating to your emotional well-being and can affect your time, money, and, most importantly, the relationship you have with your children. During a divorce, it is important to keep the needs of the children at the forefront. Going through the process of divorce can be anguishing and, even after the divorce is finalized, it can be a difficult time adjusting to your new situation for both you and your children. The divorce attorneys at ShounBach are ready to assist you with your divorce as you transition with your children into the next phase of your life. To learn more about how our divorce lawyers…

ShounBach has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 2 practice areas. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2021 Edition of “Best Law Firms” includes rankings in 75 national practice areas and 127 metropolitan – based practice areas. Ranked firms, presented in tiers, are listed on a national and/ or metropolitan scale. Receiving a tier designation reflects the high …

Susan Butler has recently earned the designation “Certified Divorce Financial Analyst.” The role of the CDFA® is to help the client understand how the financial decisions made today will impact the client’s financial future. A CDFA® is someone who comes from a financial planning, accounting or legal background and goes through an intensive training program and written exam to become skilled in analyzing and providing expertise related to the financial issues of divorce.

With July 1 each year, comes a host of new Virginia laws. The vast majority of the new laws go into effect on July 1, although a few have delayed effective dates. The subject of the new laws runs the gamut from minimum wage, marijuana decriminalization (for simple possession), driver cards for immigrants, guns, casinos/sports betting and more. The following laws impact the domestic relation / family law arena: HB 623. Gender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code; certain gender-specific crimes; penalty. Replaces the terms “husband” and “wife,” as well as related terms, with gender-neutral term…

In 2018 alone, over 21,000 divorces took place in Virginia, according to the Virginia Department of Health, Division of Health Statistics. With the prevalence of divorce comes the challenge of dividing up retirement assets among divorcing spouses. You have worked hard for your pension, but you are now facing a divorce. You may be considering whether your pension or your spouse’s pension is considered separate or marital property. How do Virginia courts divide up retirement accounts such as Thrift Savings Plans, defined benefit plans (pensions), 401(k)s and IRA accounts? Virginia Courts May Treat Retirement Accounts As Marital Property In V…

For those wondering whether you’re able to deny child custody or visitation arrangements during the COVID-19 (novel coronavirus) pandemic, this one’s for you.  Child custody and visitation exchanges are exempt from the Governor of Virginia’s stay-at-home order. While school is out, working together to create a predictable and concrete schedule for custody and visitation can reduce stress and bring both parents and children comfort.  However, practicing common sense during these exchanges is key while the COVID-19 (novel coronavirus) pandemic is ongoing.  Before the child returns, ask everyone in the house to do a symptom check.  Let the ch…

Due to the Governor of Virginia’s stay-at-home order, many are forced to cohabit with a significant other who may be physically, verbally, or emotionally abusive towards them.  Times of personal and financial strain historically exacerbate instances of abuse, and victims of domestic violence are at increased risk now more than ever.  Given the pandemic, Courts have closed for general business purposes and resources have become more difficult to obtain.  However, emergency court proceedings, such as protective order hearings, are still permitted under both the COVID-19 (the novel coronavirus) travel restrictions and declaration of a judicia…

As you know, not only has the Governor of Virginia issued Stay-at-Home Orders, but the Supreme Court has also declared a Judicial Emergency during the COVID-19 (novel coronavirus) pandemic.  If you would like to read the most recent Notice from the Supreme Court of Virginia, it can be found here. Given that the Court handles so many different matters, we wanted to explain what the declaration of Judicial Emergency means for our current and potential new clients. Generally speaking, the Courts are not hearing any civil matters, except for emergency matters.  Divorce, child custody and visitation matters and support matters all fall under th…

As COVID-19 has compelled government leaders to issue stay-at-home orders and lockdown policies, domestic violence incidents are increasing around the world.  Many people are forced into seclusion with an abusive significant other and deprived of significant resources and assistance that would be otherwise available.  Protecting yourself and your family has become much more dangerous and complex. If you or a family member is in immediate danger, call 911.  The police can assist with obtaining an Emergency Protective Order (EPO).  An EPO lasts for forty-eight (48) hours, providing a victim of domestic violence the chance to seek a longer pr…

As we all know, on March 30, 2020 the Governor of Virginia issued a statewide Temporary Stay at Home Order due to Novel Coronavirus (COVID-19). The order directs all Virginians to stay home except in extremely limited circumstances. One of those circumstances is for the purpose of traveling required by court order or to facilitate child custody, visitation, or child care.  We understand that stress and anxiety levels are increased due to the COVID19 pandemic, however, we urge our clients not to let that translate into interference and/or withholding of custody or visitation.  If you believe that you may have been exposed to COVID-19 or hav…

These are stressful times for all of us. The American Psychiatric Association (APA) notes that infectious disease outbreaks, such as the novel coronavirus (COVID-19), create significant distress for the public as well as strain health care systems tasked with caring for affected individuals and containing the disease. We are all in the midst of it, and we can all feel it. To help us deal with the stress, the APA recommends that we: Stay informed. Obtain current information about the outbreak from trusted sources, such as the Centers for Disease Control and Prevention atwww.cdc.gov and the World Health Organization at www.who.int. Educate….

ShounBach is pleased to announce that we have received a Certificate of Excellence from Legal Services of Northern Virginia for our participation in the Attorney of the Day Program. Our attorneys volunteer their time to assist victims of domestic violence obtain protective orders thru the court system and help them get a fresh start. Legal Services of Northern Virginia helps thousands of low-income clients with civil legal matters each year. They provide legal advice and representation as well as helping to bring legal education to community agencies, task forces and coordinated response teams to find innovative solutions to broader proble…

For many, the word “divorce” conjures images of contentious courtroom battles and complicated, drawn-out legal fights that leave both parties financially broke and emotionally broken. Your divorce does not have to fit this image. There are actually a few different paths you can take to finalizing your divorce, and a few of them occur outside the courtroom and rely on cooperation, rather than conflict. Your divorce lawyer can explain these paths through the divorce process to you in greater detail and help you determine which is the most productive choice for ending your marriage. Mediation Mediation is the process through which a divorcing…

In a Virginia divorce, assets will be classified as marital or separate before they are divided. Valuation of assets, including the marital residence, investment properties, bank accounts, business interests, as well as any jewelry, furniture, artworks, vehicles, or other personal property owned by both or either spouse is required for “equitable distribution” by the court. Virginia is not a community property state: the court makes an equitable distribution of property, which is not necessarily an equal division. Marital Property vs. Separate Property Property acquired before the marriage or after the date of last separation, property ac…

ShounBach is pleased to announce that Hayden Lee has become a Partner at the firm. Hayden has been with the firm for almost 7 years and has continued to dedicate himself to not only the firm but the clients that he represents. Hayden has been admitted to practice law in Virginia since 2007.  He began his career as a judicial clerk for the Honorable Humes J. Franklin, Jr. and Thomas H. Wood of the 25th Judicial Circuit of Virginia from 2007 to 2008, and has been engaged in private practice since 2008.  Hayden has handled cases throughout the Commonwealth, but currently focuses his practice on family law matters in Northern Virginia and the …

ShounBach is pleased to announce that our attorneys, Albert Bonin and Susan Butler, have been included in the Washingtonian’s Top Lawyers 2018 List. The list can be found in the Washingtonian’s December issue, which is available now. It is a great honor for our attorneys to be included with other top lawyers from the area.

A divorce is a life changing event, especially if you have children. You need to properly lay the groundwork before the process starts so it might go more smoothly and faster. Given how expensive it is to live in the Fairfax, Virginia, area, planning ahead financially is very important. Here are some suggestions on preparing for a divorce. Do you need a divorce? Decide if this is something you really want to do. Is there no hope for your relationship? Counseling may be worth a try. Once the divorce process starts it may be difficult, if not impossible, to try to get the relationship back on track. Talk to an attorney. Learn about your lega…

We are proud to announce that our very own Daniel Schy has an article in the Virginia Family Law Quarterly for Summer 2018. The article is regarding children testifying at trial. To read the article click here.

By: Daniel B. Schy Fewer decisions give rise to more consternation and uncertainty than whether to have a minor child testify in a custody matter. The reasons are manifest: involving a minor child in the custody process can have far-reaching implications for the child or can negatively impact the child’s relationship with his/her parents, and the mere decision to have a child testify can impact the decision of the court. Reflexively, we advise most clients against children testifying because of these concerns. But what about in cases of parental alienation? What about cases involving allegations of abuse? There are, of course, certain circ…

For the 4th year in a row, ShounBach is proud to sponsor the Ben Lomand Flying Ducks swim team. The team is based out of Prince William County and their home is Splashdown Water Park. Our attorney, Sarah Knapp has four children on the team.  Here’s to a great swim season!!

Published in 2018 Virginia Super Lawyers — May 2018 If family law attorney Divani Nadaraja had to do a song and dance for her clients, she could. She’s only traveled the globe perfecting her act. “I started dance when I was 4,” says Nadaraja, who, along with her sister, studied Bharatnatyam, a classical South Indian form of dance, when they were growing up in Hayward, California. “The text for the dance was written over 2,500 years ago; it’s very ancient. There are specific hand movements, body formation; the way you move your eyes to tell your story, both rhythmically and theatrically. I don’t remember a time when I wasn’t on stage.” Read…

That could be good news or bad news. If you’re seeking a divorce in the Manassas, Virginia area, and your spouse can’t or won’t get an attorney that could be a problem or an opportunity. Like divorces in general a lot of it depends if this will be an amicable divorce or your spouse wants to make this as difficult as possible.   Why doesn’t your spouse have an attorney?   Is it a financial issue? Does he or she not have the money or has it but doesn’t want to spend it?   Does your spouse think it is possible to have a “do it yourself” divorce by doing internet research?   If your spouse is driven to make the divorce pure misery for you per…

Couples getting divorced want to try to put their past behind them and start a new life. The start of that new life can be when the divorce is finalized. If there are no problems, a Virginia divorce may take from at least three months from the time the divorce complaint is filed until it’s granted, if there aren’t a lot of disputed issues or the couple has no children and few assets. If there are contested issues (spousal support, child support, child custody, splitting up of assets), a divorce could take much longer, potentially more than a year after there are grounds for divorce.  The legal process is out of your hands, but there are so…

Since same sex marriages became legal nationwide thanks to the U.S. Supreme Court in 2014, same-sex couples now face many of the same legal issues as more traditional families, with some exceptions. Before a Fairfax, Virginia, couple gets married, especially if one party already has children or owns a business or substantial assets, it would be a good idea to talk to a family law attorney about how to avoid legal issues before they arise. Pre-nuptial agreements They can make a possible future divorce far less stressful and complicated if it is properly executed. This is not a document you want to pull off the internet and fill out yoursel…

Divorce can be challenging under any circumstance. Divorce involving a spouse or child with special needs to consider can make it even more stressful. However, with careful planning families can limit future complications for a family member with special needs. Specifically, the biggest issue to consider is how spousal or child support for the individual with special needs may affect current or future receipt of governmental benefits, including Supplemental Security Income (SSI), Medicaid, or housing assistance. Parties must be mindful of how they can achieve a divorce settlement or final resolution that will not later disqualify the fami…

Attorneys Susan Butler, Roberta Henault and Molly Garrett recently attended a program hosted by the American Academy of Matrimonial Lawyers regarding New Developments in Military Pension Division presented by Col. Mark E. Sullivan (Retired). The program explored military pension division guidelines from past, present and future. Topics discussed included the recent changes to how military pensions are divided as part of a divorce due to the new amendments to the Uniformed Services Former Spouses’ Protection Act (i.e. ‘Frozen Benefit Rule’), the new prohibition against Courts from ordering indemnification when the retiree’s election of VA …

We are pleased to announce that we are sponsors of the Flying Ducks swim team for the third year in a row. The Flying Ducks team is based in Prince William County and their home is at Splashdown Water Park at Ben Lomond Park in Manassas. Our attorney, Sarah Knapp, has two children on the team and we are all cheering for them to have a great swimming season!

On January 17, 2017, legislation amending Alaska’s divorce law took effect, making it the first state in the country to require the court to consider the well-being of a pet when distributing property during the divorce process. While companion animals have historically been considered property – no different or better than a television or a car – this change reflects an understanding that pets occupy a unique role in our lives. In fact, Alaska’s new law allows a court to order joint ownership of pets after the divorce. Virginia law continues to treat pets as mere property, with little indication that change may be on the horizon. Below a…

The Professional Family Mediation Forum of Northern Virginia held its first Forum meeting on March 10, 2016. Stan Corey, author of “Divorce Dance,” spoke about how a financial specialist can assist in mediation. This group is comprised of local mediators, collaborative professionals and attorneys whose goal is to increase knowledge and communication regarding mediation throughout the community. The Forum’s second meeting will be held May 12, 2016, at the Reston Sheraton Hotel. There will be a networking reception from 6:30-7:15 p.m. with the program to follow from 7:15-8:30pm. The topic will be “Solving Ethical Dilemmas in Mediation”, pre…

ShounBach is pleased to announce that Sarah J. Knapp has been re-elected as secretary to the Prince William Bar for the third year. Ms. Knapp has been involved in the Prince William Bar since 2011. She has continued to remain active in the Association, volunteering for charity events and attending Association functions since she joined ShounBach in 2013. Her dedication to the Association has resulted in her being re-elected Secretary. The Prince William County Bar Association was established in 1941 and is a voluntary, professional, non-profit organization dedicated to providing services and benefits to its members and to the local commun…

Robert E. Shoun, one of Virginia’s most respected and influential family law attorneys, died of unknown causes on July 22, 2015. He was 75 years old. There was an unpretentious quality about Mr. Shoun that reflected his roots growing up on a small farm in southern Virginia. He excelled in academic and extracurricular pursuits as early as high school, when he was elected Mr. Future Business Leader of America for Virginia, and representing Virginia, finished second in the nation’s annual spelling competition. Mr. Shoun was a self-described “sports fanatic,” starting back in his days as a 10-year-old Little Leaguer and high school baseball a…

This is one of the most commonly litigated issues that often arises after a custody determination. Whether it is to accept a new job offer, avoid the expensive cost of living in Northern Virginia, move closer to family members who live outside the area, or even to start a new life, it is not uncommon for a parent to seek to relocate after a divorce or after being awarded custody. Whatever the reason, when the parent’s move is to a location that is not in close proximity to the other parent, the parenting schedules in effect are bound to be impacted. Contingencies in Custody Agreement In some situations, parents account for this contingenc…

It was not long ago when victims of domestic violence in Virginia who had successfully obtained final protective orders were forced to face the scary reality of their protective orders expiring with no real recourse. Once a protective order expired, there was no way for a victim to extend it. A victim would have to wait for a new incident of abuse or violence to occur so that he or she could file a new petition for a protective order. This glaring gap in the law prompted serious safety concerns for victims who were left without protection even when legitimate fears persisted. In 2010, the Virginia State Legislature acknowledged this gap a…

Here at ShounBach we understand that coming to speak with an attorney can feel daunting and overwhelming, especially when going through a difficult time such as a divorce or custody dispute. Our attorneys and staff hope to make your visit as informative and helpful as possible. Here are a few tips and hints to make your visit go smoothly. When arriving at ShounBach you will be given an Intake Sheet to complete. Each piece of information requested is essential in providing you with advice and will be referred to frequently as your case progresses. All information provided is confidential and will not be shared. We encourage potential clien…

Surprising legal analysts across the country, the United States Supreme Court declined to grant requests from appellants in five states where measures banning same-sex marriage had been overturned. By declining review, the rulings from each of the appellate courts remains, clearing the way for same-sex marriages to begin or recommence in eleven states – including here in Virginia. This decision marks the culmination of lawsuits filed by two Virginia couples, Timothy Bostic and Tony London, and Carol Schall and Mary Townley, seeking to overturn Virginia’s constitutional and statutory bans on same-sex marriage. Judge Arenda L. Wright Allen …

Susan Butler co-wrote the amicus brief filed by the Virginia Chapter of the AAML (American Academy of Matrimonial Lawyers) in the Fourth Circuit case in support of lifting the Virginia ban on same-sex marriage. The court in that case ruled that denial of marriage licenses to same sex couples in Virginia in unconstitutional. Today, the Fourth Circuit decided to stay its ruling on the gay marriage ban. Marriage licenses could start being issued as early as next week. However, the Prince William County Clerk of Court Michele B. McQuigg has stated that she intends to seek an emergency stay from the United States Supreme Court. If the U.S. Sup…

By: Danubia Arias, Paralegal A paralegal is not allowed to give legal advice because it would be considered unauthorized practice of law. The unauthorized practice of law is rendering services that require the professional judgment of lawyers. While a paralegal may well know the answer to a specific legal question or understand different legal documents, he or she does not have a law degree, has not passed a bar exam, and is not regulated by the State Bar Association. To the average client, it is not always clear what is or is not legal advice. Legal advice is telling or advising a client what they should do in a certain situation and it …

“Custody” is a loaded word. It is a word that tends to correlate a child with property that two people fight over for ownership. It is also a word that tends to result in an all-or-nothing mentality, often times leaving a negative outlook for the parent who “lost” the custody battle. This type of thinking is a recipe for conflict when it comes to co-parenting after divorce. Some states in the U.S. have opted to remove the word “custody” from the wording in their statutes. Taking its place have been words such as “decision-making” and “parenting time”–words that more directly identify each parent’s role and responsibilities in the child’s…

Recently, Keenan Goldsby, a partner at our firm, lent his knowledge on the topic of social media during a divorce in an article which can be found on the WTOP website. In this article, Mr. Goldsby discusses whether or not you should use social media during a divorce and what the ramifications of doing so can be. Many people may send what they think is a harmless tweet, or they may update their status with information they think is just for friends and family. It is surprising for many when they find out just how much influence their social media accounts can have on their case. Their spouse may try to twist what they said and use somethi…

Does poor treatment of a stepchild make a difference in divorce-related property division decisions? According to the Court of Appeals, it does. In a recent appellate case, the Court of Appeals ruled in favor of a trial court’s decision to consider a man’s poor treatment of his stepdaughter a “negative non-monetary contribution,” which allowed his ex-wife to get a larger portion of their shared property, according to Virginia Lawyers Weekly (VLV). The appellate decision was made yesterday in Crater v. Crater, a case out of Carroll County, Virginia. According to the details concerning the case, the man’s wife already had a young daughter w…

A new study published by the University of Chicago found that a large percentage of Americans are now meeting their spouses online, and that spouses who meet online are generally happier and less likely to divorce than those who meet “offline.” In particular, the study found that “more than a third of marriages between 2005 and 2012 began online,” compared to just nineteen percent, as measured in 2008. The study determined that the longevity and satisfaction rate of “online” marriages was also higher than those resulting from off-line encounters. Interestingly, marriages that resulted from meetings at bars or blind dates faired the worst …

Currently, under Virginia law it is illegal for unmarried persons to “lewdly and lasciviously associate and cohabit together.” The law, which was originally passed in 1877, is one of only four state laws still in place in the United States barring such conduct. Although rarely enforced, it still renders unmarried cohabitation a criminal offense punishable by a fine and, for repeated offenses, up to one year in jail. Virginia law also allows individuals, who are unmarried and live together, or have lived together in the past year, with another person, to obtain a protective order against the other person, when that individual is a victim o…

Today, people are keenly aware that the internet is a repository for senstive personal information. Whenever a person uses the internet – whether for banking, Facebook, Amazon, email, or Google Chat – that person creates an electronic profile for which information is retained, often indefinitely. Despite the public’s awareness of the permanency and lack of privacy of internet information, people often unwittingly continue to create caches of senstive information on websites, which could be used against them in divorce cases. A recent American Association of Matrimonial Lawyers survey, reported by PRNewswire, shows that more than half of t…

For married couples who own businesses together, the prospect of divorce raises complicated legal and economic issues related to those businesses. However, while divorce may dissolve a marriage, it does not necessarily need to spell the end of a married couple’s business venture. According to a 2007 Census Bureau estimate, cited in a recent New York Times article, about 3.7 million businesses were owned by married persons in the United States. This article goes on to highlight a number of separated or divorced couples, including two attorneys, who decided to continue working together and operate their businesses, despite their marital dif…

Welcome to the ShounBach Blog, your source for information relating to family law practice in Northern Virginia. This holiday season has fortunately been marked by indications of local and national economic improvement. Although Northen Virginia has been more immune to the Great Recession than other areas of the country, its residents have still experienced their share of economic strain. According to a report by the National Marriage Project at the University of Virginia, the Great Recession has influenced fewer married persons to divorce since the economic downturn began. Now, according to a recent Washington Post article, because the e…