Northern Virginia Lawyers Practicing Family Law Bankruptcy Divorce

Practice Areas

Annulments
Appeals
Bankruptcy
Child Support
Collaborative Law
Custody
Divorce
Domestic Violence
Equitable Distribution
Federal Government Divorce
Guardian ad litem
International Custody
Jurisdiction
Living Wills
Mediation
Military Divorce
Neutral Case Evaluation
Power of Attorney
Prenuptial Agreements
Retirement Benefits
Settlement Agreements
Spousal Support
Wills

Annulments: We have experience helping clients obtain annulments, although they are limited in Virginia. The law requires proof of some type of fraud or duress, or a specific list of other circumstances in order for a marriage to be annulled. See Virginia Code (1950 as amended) §§20-89.1, 20-13, 20-38.1, and 20-45.1.

Appeals: We have experience handling cases which have been appealed from our local Circuit Courts to the Virginia Court of Appeals. Our attorneys are knowledgeable about the specific procedural requirements for perfecting appeals, and we have an in-depth understanding of the myriad of issues which are argued on appeal in divorce cases. Our reported cases include Gallagher v. Gallagher, 35 Va. App. 470 (2201), Sinnott v. Sinnott, Record No. 0576-92-4, Va. App. 1993 (unpub.), and Clements v. Clements, 10 Va. App. 580 (1990).

Bankruptcy: We have experience handling both creditor and consumer bankruptcy filings through chapter 7, 11 and 13 under the Eastern District of Virginia. Things became more complicated since the new federal bankruptcy laws went into effect on October 17, 2005, let us help you sort through the new laws using our extensive knowledge and state of the art electronic filing software.

Child Custody: This is often the most important and personally difficult issue clients face. We represent clients in contested custody cases by helping them determine what is in the best interests of their children and what is the likely legal outcome of their case. We can advocate in court, assist a client with mediation or negotiations, and counsel a client as to day-to-day issues regarding scheduling, communicating with the other parent and helping their children adjust to custodial schedules. The attorneys at our firm each have an in-depth understanding of the custody and visitation arrangements which work best for children, and which our local Courts are likely to adopt if asked to adjudicate the issue. In Virginia, courts recognize legal and physical forms of custody. Legal custody encompasses a parent's right to make major decisions about the child(ren)’s health , education, religion, and well-being. Physical custody refers to the division of custodial time between parents; it can be shared or one parent can be awarded primary physical custody subject to the other parent's visitation. Custody is always modifiable if there are changed circumstances, and our experience includes litigating custody modification cases.

Child Support: We litigate many child support cases in Northern Virginia on a regular basis. There are many avenues available in Virginia for parents to protect their child’s right to receive support, and we frequently advise on the best course of action for individual cases. Not only do we represent clients in obtaining and modifying support orders, but in enforcing them through contempt motions, income deduction orders, and garnishment of bank accounts and assets. Child support will vary based on whether custody is shared between the parents or solely with one parent. There are also deviation factors where more or less support is warranted in a particular case and the members of our firm are experienced in all these areas.

Collaborative Law: Ms. Grimes is a trained collaborative law practitioner. Collaborative law is a process by which attorneys and clients work together to resolve all financial and custody disputes relative to a divorce instead of pursuing litigation. The parties bind themselves to work cooperatively (if either client later chooses to cease working toward settlement and wishes to take an issue to court, both parties’ attorneys must withdraw from further representation and the parties must seek new counsel) and promise to disclose all information about their finances. They have resources at their disposal including mutually chosen accountants, real estate agents, therapists, and parenting coaches to help them through the divorce process. The collaborative law process is a unique opportunity for parties who wish to minimize the negative financial and emotional impact of a contentious divorce on their family.

Divorce: We represent clients in all types of divorce cases. In Virginia, a divorce may be based on separation, either for one year separation or a six month separation if you have no children and a signed Property Settlement Agreement. There are also fault grounds for divorce, which include adultery, desertion, cruelty and other grounds of marital fault. There are also residency and service requirements which are important in divorce cases. The decision as to whether to pursue a divorce is a critical and personal one for each client. Our firm believes that marriage is a serious commitment and an important institution in society, but we recognize that some marriages must ultimately be dissolved. Sometimes, the acts of one spouse can be so detrimental to marriage that the other spouse must seek a divorce for the well-being of an entire family. Our clients receive counseling on all aspects of their lives which are implicated by a divorce, including their legal options in filing for a divorce, as well as custody, real property, personal property, support, insurance, retirement benefits, investments and other financial issues. See Virginia Code (1950 as amended) §20-91.

DomesticViolence: We represent victims of domestic violence in obtaining Civil Protective Orders, and we represent clients who have been falsely accused of domestic violence in defending against the issuance of Protective Orders. Domestic violence in Virginia is an act of family abuse between spouses, family, and/or household members, which can include a threat of harm which leaves the victim in fear for his or her immediate safety or well-being. Domestic violence can also be in the form of verbal, emotional, or even financial abuse, but it is difficult to obtain a Protective Order in our court system without an actual threat or act of violence. Victims of domestic violence come from all walks of life, and they are often mired in a cycle of violence, power, and control which damages their self-worth, and leaves them feeling powerless and vulnerable. Domestic violence can be especially traumatic for children who witness abuse between their parents. We strive to empower our clients by assisting them through the legal process of obtaining a Protective Order, while providing them with personal counseling about issues such as safety planning to help take back control of their lives. If you or someone you care about is a victim of domestic violence, you should call the police and report the incident to your local magistrate. You can also call the National Domestic Violence hotline at 1-800-799-SAFE (7233) for more information and a list of further resources.

Equitable Distribution: Spouses who are going through a divorce and cannot come to an agreement with respect to the division of their property, must submit their dispute to a court for decision through a process called equitable distribution. We represent clients in this complicated area of divorce law, and we have an in-depth understanding of the calculations, legal nuances, and recent developments in the law which inform a court’s equitable distribution of property. The court values the property, determines which property is marital, which property is the separate property of one party, and which property has the characteristics of both. The court then divides the marital property based on several factors including each spouse’s monetary and non-monetary contributions to the marriage. For a more detailed explanation of the Equitable Distribution process, See Virginia Code §20-107.3.

Guardian ad litem: Two of our attorneys serve as Guardians ad litem in local Virginia courts. A Guardian ad litem is a court-appointed attorney who represents a child’s interest in an abuse or neglect case or in a contested custody case (usually only if there are abuse allegations and/or one or both of the parents are not represented by counsel). A Guardian’s role is to investigate by meeting with the child and the parties, as well as with teachers, social workers, and others involved in the child’s life in order to make a recommendation to the court as to the best interests of the child in a particular case. Our attorneys pride themselves on meeting the Virginia Supreme Court’s Standards Governing Guardians ad Litem in the important role of advocate for our children.

International Custody/Child Abduction: In some of the most contentious and difficult custody cases, a parent may remove or retain a child in a foreign country. We have successfully litigated cases in this area of law. The United States is a signatory to the Hague Convention, an international treaty which provides for foreign nations to cooperate with each other in the enforcement of custody orders from member nations. We have worked with the State Department, and the National Center for Missing and Exploited Children, on these cases, as they are indispensable resources for tracking abducted children and for providing evidence and expert testimony as to the risk factors and effects of abduction on children.

Jurisdiction. Jurisdiction in divorce and custody cases is another extremely complicated area of domestic relations law. A court must have jurisdiction over the people involved in a case and/or the subject matter of the case before hearing issues relevant to the parties. In our practice, we handle issues regarding jurisdiction over active duty military personnel, and jurisdiction disputes between parties residing in different states. Interstate custody jurisdiction is governed by the Parental Kidnaping Prevention Act and the Uniform Child Custody Jurisdiction and Enforcement Act. These are laws which outline a detailed process to follow in cases where there is a custody dispute between parties residing in different states. The policy behind the law is to determine the most appropriate forum for jurisdiction, so that a parent is not able to remove a child from his home in a manner that is against the child’s best interest to gain an advantage in a custody dispute. Child support jurisdiction is governed by the Uniform Interstate Family Support Act, as codified under Virginia law, which provides a mechanism for states to ensure that children receive support regardless of where their parents may reside. There are other jurisdictional issues which arise in domestic relations cases, including jurisdiction over military personnel and their pensions and jurisdiction in contempt cases.

Mediation: Many clients come to us expressing an interest in resolving their issues through mediation; but they may not be sure exactly what mediation entails. Mediation is a process which involves both parties working with one mediator to resolve any property, support, or custody disputes between them, often while having any agreement reviewed by their independent attorneys before it is finalized. Mrs. Lieblich established herself as a practitioner in mediation several years ago. She excels at listening to each party’s concerns, and working with parties separately and together in a fair manner while providing them with practical suggestions based on her decades of experience as a family law attorney. She helps the parties draft a comprehensive, detailed, and strongly written settlement agreement, and works with their independent attorneys to address all of their concerns. Many cases prove too contentious for mediation, but it is a useful and cost-effective process available to those parties who do not have significant contested issues between them.

Military and Federal Government Divorce: Our attorneys are experienced in addressing the unique concerns our civil, military, and foreign servicemembers and their dependents have when going through a divorce. For example, military divorces include issues of service of process under the Service Members Civil Relief Act, issues of military pension division which are governed by the Uniform Former Spouse Protection Act, issues of health insurance, housing, dependency allowances, and many other benefits which are unique to military families. Federal Government divorces include division of pensions earned under the Federal Employee Retirement System and the Civil Service Retirement System. We have experience in all areas of military and federal government divorces, especially in retirement benefits, as we have been successful in obtaining annuities and survivor benefits for countless spouses. We have also been successful in protecting a servicemember’s pension from being unfairly divided on many occasions. We are proud of our experience in this area, and our years of service to the individuals and families who are serving our country.

Neutral Case and Concillation: Sharon Lieblich was instrumental in founding the Conciliation program sponsored by the Fairfax County Bar Association whereby attorneys volunteer their time to help litigants and their counsel resolve disputes set for hearing on the Fairfax Motions Day docket. Two of our attorneys volunteer with that program. Both Mrs. Lieblich and Carolyn Grimes volunteer as Neutral Case Evaluators as well. This is another program in Fairfax County where attorneys volunteer their time to meet with parties and their counsel prior to a divorce hearing to help them resolve their issues without litigation. A key element of the evaluation is for the experienced attorney to help guide parties to mutual acceptable resolutions of their various issues based on their years of experience in practice before the court which gives them the perspective to do so.

Power of Attorney and Living Wills: Estate planning has an important correlation to divorce. Many separations and divorces can be in progress for years without a resolution. During that time, a spouse will most likely continue to have the right to make medical and financial decisions for the other spouse in the event of his or her incapacity. After a divorce, these rights do not automatically revert to the person you want in this role unless you have your own living will and/or power of attorney. This is an area of law which has received much media attention of late, and it is imperative that divorcing spouses take the time to consider the importance of self-determination in medical and financial decision making. We have experience drafting living wills and powers of attorney for our divorce clients which are individually tailored to address their unique needs and concerns.

Prenuptial Agreements: Prenuptial Agreements are agreements into which a couple enters before their marriage, and which generally govern the way they intend to manage their finances during the marriage. The "prenup" usually determines how property will be distributed in the event of a divorce, and may also include provisions for keeping assets and income separate during the marriage. Parties have great latitude in fashioning agreements to fit their circumstances before entering into marriage, but they may postpone discussing and actually drafting such an agreement in the hectic time before their wedding, Virginia law specifies that agreements executed both prior and subsequent to marriage are enforceable as valid contracts, so time need not be a factor in actually achieving a workable arrangement for individual couples. An essential factor in the enforceability of such agreements is ensuring that both parties have independent attorneys who review these kinds of agreements. Our firm takes pride in counseling clients to enter into valid contracts which help avoid bickering over the many day to day problems which arise in marriage, and which assist them in deciding uncoupling issues if a marriage ends.

Retirement Benefits: Many divorces involve the division and distribution of retirement benefits, as most clients participate in a 401(k), 403(b), 457, annuity plan, IRA, and/or any other type of defined benefit or defined contribution retirement plan. Defined benefit retirement means a retirement plan which provides the participant with a set recurring payment upon retirement, usually based on wages and length of service. In recent years, most private employers have moved away from these expensive plans towards a defined contribution model, such as a 401(k), where the benefit is based on the employer and/or employee's contributions during employment as well as any growth (or loss) on the investment. Most retirement plans are governed by federal and state law, and require special court orders to be divided properly. We find that many of our clients do not fully understand the nature and value of their own retirement benefits, let alone their prospective interest in their spouse's benefits. Therefore, it is essential that a party’s divorce attorney understands how to pursue a claim for marital retirement benefits, and process the appropriate paperwork. We have the advocacy and technical experience to ensure that our clients are awarded their fair shares of the marital retirement benefits.

Settlement Agreements: We are experienced in drafting Settlement Agreements for our clients. A Settlement Agreement is a contract which the parties enter into in lieu of litigating their disputes. We encourage our clients to reach an agreement whenever possible, as it is almost always better to be in control of the terms of your resolution yourself instead of letting a Judge decide, as a Judge may not be familiar with your personal concerns and issues, and may not have the legal authority to award everything you request. A Settlement Agreement may be reached through direct negotiations with the opposing party or through mediation. Settlement Agreements can include provisions for custody, visitation schedules, health insurance, medical expenses, child support, spousal support, division of real and personal property, bank accounts, investments, retirement benefits, cars, and almost anything else you and your spouse wish to memorialize in an enforceable contract. These contracts are often incorporated into Final Orders of Divorce so that they may be enforced as court orders.

Spousal Support: We have successfully obtained awards of spousal support for clients in countless cases, and we have also defended against improper requests for support in many cases. In Virginia, spousal support is based on several factors, the most important of which are usually the length of a couples’ marriage and the disparity between their incomes. For long marriages with great income disparities, a party is likely to receive more support over a longer period of time. A court will consider all of the statutory factors, and will determine an amount of support which is usually payable on a monthly basis for a set period of time (although it can be payable in a lump sum or in installments). In longer marriages, or marriages where a spouse has a special need, support can be set so that it is not term-limited. If the court does not set a term-limit for the support, it will terminate upon the death of either party, upon the remarriage of the payee, or upon the payee cohabiting in a relationship analogous to marriage for more than one year. Further, spousal support is always modifiable if there are changed circumstances (although the parties can agree to non-modifiable support, but a court cannot order this absent an agreement). Spousal support is taxable to the payee and tax deductible to the payor.

Wills: Many clients wish to change their wills in the event of a divorce, or upon the execution of a prenuptial agreement, marital agreement, or property settlement agreement. We have experience preparing wills which address our clients’ individual concerns about the custody of their children and the dissolution of their property in the event of their death. Estate planning has an important relationship to divorce which many attorneys and clients overlook in the process of dealing with their more immediate concerns. We counsel our clients to plan for the future, and to make sure that they and their children are financially protected to the full extent of the law.

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