Recent Blog Posts

As a newly divorced parent, you may juggle your children’s school schedules while planning a much-needed vacation. A cruise sounds delightful, or perhaps a relaxing week at the beach is just what you need. However, before finalizing your plans, you must ensure you can legally include your children based on the custody arrangements and travel in Virginia. Child custody agreements often contain provisions that directly impact travel and relocation. To avoid any complications, you must review the terms of your custody agreement to confirm that your plans comply with its requirements. If the agreement leaves you uncertain or doesn’t address yo…

Divorce often raises practical questions about living arrangements, and at ShounBach, our experienced team is here to provide guidance. We aim to help individuals navigate this challenging time with clarity, offering insights to manage living arrangements, including cohabitation during a Virginia divorce.  Living with Your Spouse During Divorce For many couples, cohabitation during divorce is a practical necessity due to financial considerations, child custody needs or even hopes for reconciliation. However, living together while going through a divorce can also present emotional and logistical challenges. The Pros of Cohabitation During a…

When creating an estate plan, it’s important to address all facets of your legacy, including your genetic material. As embryo and genetic material preservation becomes increasingly common, it’s vital to discuss these matters with your Virginia estate planning attorney to ensure your wishes are clearly documented and legally protected. Documenting Your Wishes Preserving embryos or genetic material involves significant emotional, financial, and time investments, making it essential to outline their future in your estate plan. Your attorney can help you include specific directives in your will or trust to ensure your intentions are honored. C…

Navigating a separation or divorce is especially challenging when children are involved. Supporting your kids through this transition is likely your top priority, and if you believe they would thrive under your care, pursuing child custody becomes a critical step. The success of a child custody case in Virginia often hinges on the evidence you present. Courts prioritize the best interests of the child, so it’s essential to demonstrate that your proposed custody arrangement aligns with those interests. Below are key types of evidence that can strengthen your custody claim. Communication Records Maintaining consistent communication with your…

In Virginia, as in many states, couples have the option of a “no-fault” divorce, which allows for a smoother, less adversarial divorce process by focusing on the dissolution of the marriage without assigning blame. Here’s what you need to know about how no-fault divorce works in Virginia. What is a No-Fault Divorce? A no-fault divorce means neither spouse must prove the other’s wrongdoing to end the marriage. Instead, it allows couples to simply allege that the marriage is beyond repair with no realistic hope of reconciliation. This approach is distinct from fault-based divorces, where one party must show grounds for divorce, such as adult…

Even when divorce is in the best interest of both parties, it can still be an emotionally challenging process. Many people find it hard to cope with the aftermath of a separation. Despite these difficulties, there are steps you can take to improve your situation and find a new sense of balance. Below are a few practical methods to help with coping with divorce in Virginia. Put Your Children First If you share children with your ex-spouse, prioritize their well-being. Provide them with emotional support during this transition and encourage a healthy relationship with their other parent. Shield them from any conflict, as exposure to disputes…

Planning for the future is always wise, yet many Virginia families delay preparing for the inevitable event of death. This is especially common among couples without children. However, even child-free couples should prioritize estate planning. Here’s why will and trust planning is essential for them. Who Needs a Will in Virginia? Everyone can benefit from having a will, but certain individuals and groups have an especially strong need for one. Without children, it’s especially important to have a will to designate who will inherit your assets. Without one, the state decides how your estate is divided, which may not align with your wishes e…

Navigating the path to remarriage after a divorce can be challenging. With proper legal guidance, the paperwork and steps required can feel manageable. If you’re facing difficulties with remarriage after divorce, family lawyers in Northern Virginia can offer the support you need to start this new chapter of your life. Contact us here at ShounBach for a free consultation to begin your journey towards remarriage. What Is a Divorce Decree and How Does It Relate to Remarriage? A divorce decree is the legal document that finalizes your divorce, allowing you to remarry. It serves as proof that your previous marriage has been officially terminate…

Divorce litigation involves several legal tools and pretrial procedures designed to ensure a fair and thorough resolution during the trial. One of the most important aspects is pretrial discovery, which helps uncover relevant facts, streamline the issues in dispute, and prevent surprises, ultimately leading to a more efficient and just process. Under Rule 4:1 of the Supreme Court of Virginia, discovery can be obtained through various methods, including depositions, written interrogatories, document production, property inspections, physical and mental examinations, and requests for admission. This article focuses on the role of depositions…

One of the most important decisions in drafting your will is choosing the executor of your estate. This individual plays a key role in filing your will and death certificate, closing accounts, and ensuring your final wishes are fulfilled. Shounbach offers professional services from an estate administration lawyer in Fairfax, Virginia. Choosing the right executor is essential for your peace of mind. Here are a few key factors to consider. Key Duties of an Executor Being an executor comes with significant responsibilities. Some of the key tasks include: Obtaining the death certificate. Locating the will and submitting it to the court. Gathe…

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…

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 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…

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…

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 …

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…