Summary: In Virginia, parental rights can only be terminated in two ways: through a stepparent adoption, or involuntarily through the Department of Social Services after a child is placed in foster care. One parent cannot directly petition the court to terminate the other parent's rights, and signing over rights does not stop child support obligations unless and until a court formally terminates them. Past-due child Read More

When we opened our Spotsylvania family law office last year, we got straight to work. There was a real need for family law services in Spotsylvania County, and the families who walked through our doors needed help right away. So we skipped the celebration and got down to business. A year later, with the office firmly established and our roots in the community a little deeper, we figured it was finally time to do Read More

Executive Summary: Virginia allows child support modifications when there has been a material change in circumstances. For first-time petitions, support is retroactive to the date of filing. For modifications, retroactivity is not guaranteed and is awarded only from the date the other party was served. Filing and serving promptly, and understanding what qualifies as a substantial change, can make a significant Read More

  Executive Summary: Virginia follows equitable distribution for dividing property in divorce, but once a divorce decree is final, courts lose jurisdiction after 21 days. If you wait too long to raise an issue or try to file a new action to claim property that wasn’t addressed, you may be out of luck. All marital property issues should be fully resolved before the final order is entered. Dividing property during Read More

Executive Summary: Virginia is a one-party consent state, meaning you can legally record a conversation if you’re part of it. But under Virginia Code § 8.01-420.2, that recording may not be admissible in a civil case like divorce or custody unless all parties knew about it, or it contains a confession of criminal activity. This also applies to FaceTime and other video calls. If you're involved in a family law matter, Read More

Executive Summary: Virginia does not currently require the non-birthing parent to pay for pregnancy-related expenses. The law allows reimbursement for birth-related costs, but only if those expenses are unpaid at the time of the court hearing. While there’s been legislative discussion about expanding child support to begin during pregnancy, no law has been passed yet. Parents seeking support should understand what is Read More

Executive Summary: In Virginia divorce cases, judges are limited by law in what they can order. However, if both spouses agree to terms in writing such as paying for college after age 18 or waiving the right to modify spousal support, those terms can become enforceable. Many people unknowingly commit to obligations a judge couldn’t have imposed, which can lead to long-term financial consequences. Always review any Read More

Executive Summary: Virginia’s updated child support guidelines took effect on July 1, 2025, increasing the presumptive support amounts for most income levels. Cases filed before that date but heard after may involve two different sets of calculations: one under the old law and one under the new. These changes could affect your current or future child support order, and reviewing your case with a local attorney may be Read More

  Executive Summary: Online templates may seem like a fast and cheap way to create a settlement agreement during divorce, but they often overlook critical Virginia-specific legal requirements. These gaps can lead to confusion, conflict, and even future court battles. For something this important, it’s worth getting it done right the first time. If you’ve looked up how to file for divorce in Virginia, chances are Read More

  When you’re raising kids together after a divorce or separation, there’s already a lot to figure out. But when one parent is active-duty military, the usual challenges of co-parenting take on a whole new layer of difficulty. One parent might be stationed across the country, or even the world. Orders can change with little notice. Travel time isn’t just a drive across town; it could involve flights, hotels, and time Read More