The experienced trial attorneys at Rinehart, Butler, Hodge and Moss are dedicated to serving the needs of people with all types of domestic issues and problems, including marital separation, divorce, child custody, spousal and child support, property division, and domestic abuse.
We hope that these questions and answers will help you to gain some understanding of the issues in Virginia divorce and family law. But please do not forget that every case, including yours, is completely unique. There is no substitute for getting face-to-face, one-on-one advice from an experienced attorney, and so you should not take the following questions and answers as advice on your particular situation. Consult with an experienced attorney for answers to any questions pertaining to your specific Virginia divorce or family law case.
Child Support
Child support is mandated by law when parents divorce or when paternity has been established for an unmarried father. Like other states, Virginia’s child support laws are based on the idea that children deserve the support of both parents; it is the child’s right and should not be subject to parental wishes or whims. Thus, Virginia provides set guidelines that are used to calculate support payments. While child support calculations based on the state’s guidelines may appear to be straightforward in yielding a “presumptive†amount of monthly support, an accurate and fair determination can often be very confusing and prone to complications, depending on your situation. Combine this with the conflict that can arise between divorcing or unmarried parents, and the issue can become even more challenging.
Child Custody and Visitation
We try to include a wealth of helpful information on our family law website, but we also know that there are a number of great online resources for those looking to learn more about the topics of divorce, child custody, domestic violence, and division of property in Virginia. We have collected some of the best and most helpful online resources, reference sites, and helpful internet links for those seeking more information on family law in Virginia.
Adoption
Spousal Support
In Virginia, trial judges have wide discretion in deciding what division of marital property is fair and reasonable. Virginia’s law regarding division of marital property requires the court to consider a number of “factors†, some of which are the same factors to be considered in determining spousal support. Understanding how these factors are applied and what evidence must be brought to bear on each one is critical to effective representation of any divorce client whose property is in dispute. It is absolutely vital to have an experienced, knowledgeable, and aggressive family law attorney on your side during the litigation or negotiation of these often complex issues.
Legal Separation
Family law issues can be enormously stressful, emotionally charged, and difficult to manage. Whether they involve a pending divorce, allegations of domestic violence, legal separation, or post-divorce disagreements, your life can feel like it is spinning out of control. These are matters that impact every aspect of your personal life, from your combined finances and property to your parenting rights and more. You may know little about the laws and court policies to which you will be subject or how to optimally resolve complex issues while protecting your rights and best interests.
A native of the Fredericksburg area, Ted received a bachelor’s degree in Political Science at Old Dominion University in 1988, with a minor in Finance (Real Estate). He attended Mercer Law School in Macon, Georgia and received his law degree in 1991. Since 1991, Ted has practiced law in his home town of Fredericksburg. His primary areas of practice include Family Law, Criminal Law and general Civil Litigation.
DUI/DWI
DUI. Whether it is a first offense or a repeat offense, you need an attorney who is well-versed in the law and proceedings related to drug and/or drugged driving in our state.
Traffic Violations
Traffic violations and crimes. These can range from speeding tickets to reckless driving, driving on a suspended license, and more.
Sex Crimes
Domestic violence is also called “family abuse†and is defined and governed by §16.1-228 of Virginia Law. Under this law, domestic violence applies to families or households. It involves any type of violence or force causing physical injury or threats that place the victim in fear of imminent harm. It also includes sexual assault, stalking, and harassment.
Misdemeanors
Misdemeanors. These are criminal arrests of a less serious nature than felonies, punishable by up to 12 months of jail time and/or fines ranging up to $2,500.
Assault
Restraining Order
Virginia courts have the power to issue emergency protective orders (EPOs) or preliminary protective orders (PPOs) when sufficient evidence demonstrates actual or imminent harm caused to victims. Depending on the severity of the case and other factors, such as the relationship between the parties involved, a judge can also decide whether a permanent restraining order is necessary.
Before entering private practice, Ken worked for several months as a Law Clerk for a constitutional law firm in the Washington D.C. area. He then moved to Roanoke and began practice in a small general practice law firm, concentrating primarily on family law and criminal defense, while also handling civil litigation, personal injury, and bankruptcy cases.
Book a confidential consultation with a Fredericksburg attorney for criminal law or estate planning by contacting BUTLER HODGE MOSS, PLC through our website or at
Wills
Last Will and Testament. This is a basic document in which you outline your wishes related to the transfer of your assets and property to your heirs and beneficiaries. You can name an executor to manage the administration of your will as well as a guardian for any minor children you may leave behind.
Trusts
Trusts. These can range from revocable trusts, including living trusts, to irrevocable trusts. A trust is a legal entity separate from you into which you convey property and assets to be managed by your trustee(s). Trustees are eventually tasked with transferring your assets to your heirs upon your passing according to trust instructions. Trusts can be set up for various purposes, from charitable trusts to trusts for special needs family members, and more.
Power of Attorney
Powers of Attorney (POAs). These are documents in which you name a trusted person to handle your affairs when you cannot. Durable POAs allow your designated person to handle your financial, business, or healthcare needs even if you become incapacitated.
Callie Gibson grew up on a small family cattle farm nestled in the Shenandoah Valley. She moved to the City of Richmond to attend law school in 2015 where she still lives, along with her chocolate Labrador, Frank the Tank.  She enjoys spending time with her tight-knit family, country music concerts, and going anywhere that she is allowed to take her dog. Callie initially became interested in the legal field while studying American Politics at the University of Virginia. She found that while she was not interested in becoming involved in politics, she could still effect great change by becoming an advocate for those in need by practicing law. Callie began her legal career practicing consumer bankruptcy law, assisting clients in avoiding foreclosures, stopping garnishments, and retrieving repossessed vehicles. Her family law practice similarly requires compassion for clients during some of life’s toughest times. She understands the difficulty of sharing many personal details with a stranger, and believes one of her greatest strengths as an attorney is being a good listener. With ample courtroom experience, Callie is a confident litigator and always comes prepared.