Monique J Fitzgerald

Divorce Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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Monique J Fitzgerald

Divorce
When family law disputes arise, they bring times of confusion and difficulty. Whether youâ€™re considering divorce mediation or learning about your rights, itâ€™s crucial to get professional help as you navigate Virginiaâ€™s legal system. Our team of knowledgeable and experienced attorneys will answer your questions as youâ€™re dealing with family law matters in Poquoson VA. When your familyâ€™s future hangs in the balance, you can put your trust in our local law firm.

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AKA: Fitzgerald Monique J
Categories: Divorce Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (757) 877-2248

Address: 914 Denbigh Blvd, Yorktown, VA 23692

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Monique J Fitzgerald

Divorce
When family law disputes arise, they bring times of confusion and difficulty. Whether youâ€™re considering divorce mediation or learning about your rights, itâ€™s crucial to get professional help as you navigate Virginiaâ€™s legal system. Our team of knowledgeable and experienced attorneys will answer your questions as youâ€™re dealing with family law matters in Poquoson VA. When your familyâ€™s future hangs in the balance, you can put your trust in our local law firm.
Child Support
When a marriage or relationship comes to an end, as many of them frequently do, the parties go their separate ways except when there are children. The law makes each parent responsible for the care and support of their children who have not reached 18 years of age. Virginia residents should think twice before relying on a formula they find online to calculate their child support obligation.
Child Custody and Visitation
As with most areas, residents of the Virginia Peninsula are certain to have need of legal services at some point in their lives. Statistically, most people will experience at least one of the following: divorce proceedings, child custody battles, criminal charges, bankruptcy or adoptions. Located conveniently in Yorktown, the Denbigh Law Center offers highly experienced attorneys that specialize in each of these areas and are prepared to give you the highest level of representation available to every clientâ€™s legal matters.
Adoption
Step-parent adoptions are by far the most common type of adoption handled in our office.Â In this mobile world of ours, if often happens that a non-custodial parent becomes estranged from his or her child both geographically and emotionally.Â Sometimes the custodial parent has remarried, and the new spouse is appropriately filling the shoes of the absent parent. The new ‘daddy’ or ‘mommy’ may have played the parenting role much longer than the biological parent, and frequently is the only mother or father the child knows. In these cases, the absent parent is frequently willing to surrender parental rights to the new spouse via the process of a step-parent adoption. The effect of a step parent adoption is to totally sever the legal relationship between the absent or unfit biological parent and the child. It is imperative that the process be done correctly to insure no surprises. Using the services of a qualified attorney who fully understand the requirements and consequences of a step-parent adoption is vitally important.
Premarital Agreement
While there may be standard Wills and even standard separations agreements, we suggest that there can be no ‘standard’ prenuptial agreement. And one entered into without much thought can be disastrous.
Spousal Support
Alimony is that device used by judges (and the parties) to attempt to equalize the living conditions of each of the parties after the marriage has dissolved. The more modern term for alimony is spousal support. It’s the same thing.
Legal Separation
Finally, the state of Virginia also distinguishes between divorce a mensa et thoro and divorce a vinculo matrimonii. The former is often referred to as a legal separation in other states, meaning that the divorce will not be finalized. The latter is a full and final divorce that allows both parties to re-marry once it has been finalized and it is often preceded by a divorce a mensa et thoro.
Annulment
An annulment is not a divorce, but it does result in a severance of what one or both parties believed was a marital union. Annulments may be granted by the court only in certain rare cases, generally involving fraud, duress or lack of capacity to consent relative to the formation of the marriage itself. The legal effect is to void the marriage from the very beginning — as if the parties had never married (except that children born during the purported marriage are considered born in wedlock.) If for religious or other reasons you need or want an annulment, tell your attorney before the divorce is filed so that you can discuss it. But to reiterate, if the marriage was legal to begin with, it cannot be annulled.
Child Abuse
The “traditional” adoption, wherein the birth parents place their child with a licensed agency who has the skills and experience to locate a suitable home for the child, and to provide support to the birth and adoptive parents during the emotionally challenging periods that precede and follow the child’s birth and adoption. The agency may have children placed with them due to more tragic circumstances, such as the death of the child’s parents, or the judicial termination of parental rights due to child abuse or neglect. While we cannot fill the role of the agency in finding and placing a child, we can help you to navigate the intricacies of agency adoptions and complete the necessary paperwork to complete the adoption process.

Criminal Defense
Being accused of a crime, no matter how serious or seemingly minor, can be extremely stressful. Criminal & Traffic charges range substantially in severity, but itâ€™s always best for defendants to seek legal help as soon as they have been charged. A criminal defense lawyer will protect his or her clientâ€™s rights, evaluate evidence, come up with a defense strategy, and negotiate with other lawyers in the event that the client wants to plead guilty instead of going to court.
DUI/DWI
As in any State, drunk driving deaths and injuries are looked upon as a horrendous crime and dealt with severely even with first-time DUI offenses as a deterrent to this common social problem.
Wrongful Death
Denbigh Law Center is experienced in a full range of personal injury legal representation including auto, truck, motorcycle, boat and public transit accidents, wrongful death, and medical/dental malpractice.
Traffic Violations
The most common infraction the general public typically experiences are traffic violations involving speeding and other citations concerning general traffic safety. Penalties for infrequent infractions concern merely paying a fine to a court and possible points against your driving record that will drop off over time. However, once there are two or three violations in a fairly short period of time there are now expensive consequences apart from the accumulating court fines with the additional risk of your license being suspended and incurring higher insurance rates. Hiring a traffic attorney to plead your case is then in your best interest.
Sex Crimes
Sexual assault also carries varying classifications and penalties. Most are considered serious offenses and fall under a felony classification associated with a sex crime defense. Call us to discuss your case to determine what areas of defense it falls under.
Fraud
No. Just the opposite. You must give us a list property so that we can protect it. If you list it, and we protect it, the trustee won’t take it. If you don’t list it, we cannot protect it and the trustee, therefore, can take it. It is against the law not to list all of your property and all of your assets in your bankruptcy paperwork. Intentional failure to list all of your property and all of your creditors in your schedules constitutes bankruptcy fraud. You can go to jail for bankruptcy fraud. Don’t play around with this stuff. Make sure to give us the information we need. If, for some reason, we feel that a piece of property you listed is “at risk” for being claimed by the trustee, we will let you know in plenty of time to simply stop the process, if that is your choice. But if you didn’t tell us about a piece of property until after the filing, it is too late.
Robbery
Theft conviction penalties range from up to a year in jail and $2,500.00 in fines or more to decade-long imprisonment or life in prison for grand larceny and robbery depending on the severity and violent nature of the crime.
Burglary
Theft charges have varying classifications that range from larceny, robbery and burglary and involve both misdemeanor and felony applications of law. Even these are broken down into classifications in relation to the method of the theft and the severity of the crime. For instance, petty larceny as opposed to grand larceny involving the difference in the value of the theft item(s). These can also be broken down to conspiring to commit and intent to sell the item(s), as well. Robbery is use of force or threat of force in another’s presence to permanently deprive the person of his or her property, and it ranges in severity based on the circumstances. Burglary is breaking and entering the dwelling of another at night with intent to commit a felony therein, and also exists in varying levels of severity.
White Collar Crimes
Defense of white collar crimes involve assessing the admissibility of evidence, and its probative value for a fact-finder, to exploit any deficiency in the prosecutor’s case.Â Because the Commonwealth cannot find you guilty unless it finds you guilty “beyond a reasonable doubt,” we highly recommend having an attorney by your side to develop the best strategy on proving reasonable doubt.
Theft
Misdemeanors
Misdemeanors are less serious than felony charges. However, they can still have a dramatic negative impact on defendantsâ€™ lives if they are convicted. A conviction can lead to jail time, heavy fines, and a lasting criminal record that can make it more difficult to find employment and housing.
Embezzlement
The Denbigh Law Center has taken thousands of criminal and traffic cases since its inception. It is well-suited to handle DUI cases for both Virginia residents and out-of-state residents alike. They are also prepared to handle standard misdemeanor cases, such as shoplifting, and serious felony charges including weapons charges, assault, theft, robbery, embezzlement, solicitation and procurement of prostitution, and drug possession and distribution.Â
Drug Crimes
Virginia takes drug charges very seriously with severe conviction penalties for manufacturing and distributing scheduled drugs that prove to cause the most damage to society from their dependence and associated potential for violent crimes. Â Arrests for the manufacture and distribution of illegal drugs also typically carry several associated weapons and/or racketeering charges along with them. Â Only an experienced attorney will be able to negotiate a reduction of overall charges towards a more favorable outcome. It is critical in these cases to have an experienced trial attorney to save yourself from a long prison term and criminal record.
Assault
Because of its prevalence and volatility, domestic assault cases are handled more seriously. The family unit is the bedrock relationship in any society’s structure, and abuse there tends to keep family members from reaching their full potential in society. In many cases, the crime is on-going and the potential for more serious injury or death is a real factor due to its inherently volatile nature. In these cases, an experienced trial attorney is critical to your defense as the penalties for domestic assault are more serious than a typical assault charge.
Murder
There is no question that an individual charged with a felony criminal charge understands the seriousness of the penalties associated with it. Multi-year to life prison terms and even death are the penalties for felony criminal charges. These charges involve robbery, enterprise drug charges, rape, aggravated murder, first-degree murder, second-degree murder, serious injury assault, conspiracy, perjury, money -laundering and more. With us, you will have a dedicated team on your side that can greatly improve your chances for success in fighting the charges and avoiding severe penalties.
Shoplifting
Common misdemeanor charges include disorderly conduct, petty larceny, drunk in public, stalking or threatening behavior, violation of traffic laws, and low-value shoplifting. Penalties range significantly, but defendants facing any misdemeanor may be forced to spend up to a year in jail and pay up to $2,500 in fines. Hiring a lawyer can help defendants avoid a conviction or get reduced sentences that have less of an impact on their lives.
Forgery
There are a wide range of “white collar crimes” that are typically non-violent in nature and typically involve the workplace or the abuse of an employer’s trust for illegal gains. Charges include obtaining money by false pretenses, forging public records, falsifying a transcript or certification, money-laundering, credit card theft and/or forgery, and writing bad checks. These charges also fall under a range of misdemeanor and felony classes depending on the severity of the charge.
Money Laundering
Felony charges are much more serious than misdemeanor charges. Depending on what kind of crime the defendant has been accused of committing, he or she may face significant prison terms, more substantial fines, or even the death penalty. Common felony charges include rape, murder, robbery, drug charges, serious assaults, conspiracy, and money laundering.
Internet Crimes
Prostitution
Prostitution and soliciting charges are vigorously prosecuted in Virginia and typically classified as a misdemeanor with penalties of up to a year in jail and $2,500.00 in fines. In some cases, there is also a risk of being listed on the sex offender registry. Most other sex crimes are classified as felonies with the potential for severe penalties if convicted.
Hit and Run

Employment Contract
Depending upon how intense things get, we may want you to supply us with copies of the following documents: income tax returns for the past 5 years; financial statements, These are most often filed when borrowing money and are very important; employment contracts or any explanations of benefits from you or your spouse’s place of employment; canceled checks and charge records; retirement plans, including IRA’s; deeds; real estate tax bills or appraisals; insurance policies, including life insurance, medical insurance, health insurance, or homeowner’s insurance; bank accounts and bank statements; safety deposit boxes (you will want the bank to verify an inventory, if possible); securities (stocks and bond certificates); partnership agreements, corporations, or other documents showing any business interests; any inheritance or trust interests; wills by you or your spouse; any written agreements or notes between you and your spouse; and any evidence you have such as photographs or letters.
Severance Agreement

Premises Liability

Personal Injury
Accidents happen…and when you have been hurt or injured by the negligence of another you should trust an experienced personal injury attorney to help gain your just compensation for resulting injuries, lost wages, medical expenses, pain and suffering.
Medical Malpractice
On matters involving automobile accidents, medical malpractice and other personal injury cases, we offer a free consultation. WeÂ will analyze your situation and to let you know whether we think you have a viable cause of action. OnÂ other matters, we do charge a nominal consultation fee. Often times, ifÂ you retain our services at the time of our meeting, the cost of the consultation is applied directly against the quoted fee.
Auto Accidents
Dog Bites
Other common personal injury cases involve premises liability issues like slips and falls, dog bites, or lead poisoning, medical, dental, or nursing home malpractice, childcare injuries, and public transit accidents. In order to win a public injury case, the plaintiff must prove that his or her injury occurred as a direct result of another personâ€™s behavior or negligence and that material damages occurred as a result of the injury.

Trusts and Estates

Estate Planning
Please know that we understand that in most cases, our client will want to provide something to his or her spouse, even while a divorce is pending. (Rarely do fact patterns suggested in the first paragraph occur.) The issue is how much, and in what fashion. If the amount is “less than everything”, or if the fashion is “in a trust so it can be used for the children’s college,” estate planning pending a divorce can be crucial. And estate planning can effectively be done only before you die
Wills
Matters involving the distribution of assets and debts upon a family memberâ€™s death are complex and difficult. Virginia wills and probate should be handled by competent legal representatives. To make sure your wishes are fulfilled, itâ€™s crucial to plan your estate in advance. We will work with you and your family to ensure that the process goes as quickly and efficiently as possible.
Power of Attorney
Virginia law may modify wills that were made prior to a divorce ( Â§ 64.2-412 ) or to the birth of a child ( Â§ 64.2-419 ). You probably need a new will now. If you wish to pursue this, please ask me. If you have given your spouse a power of attorney, cancel it as soon as possible. Until you do, your spouse has control over your property and can sell it or give it away (not lawfully, mind you, but the power to mess you up still exists).Â If you remarry and you or your new spouse has children, you really, really, really need a will.Â Please call. (See also Estate Planning During Divorce.)
Probate

Bankruptcy
There are numerous ways of presenting information about Virginia’s laws on bankruptcy. Writing a long narrative on the subject is one way. However, we know that if there is one thing that a person overloaded with debt has more of than billsÂ –Â it is a lot of questions of whether a bankruptcy will be to their benefit. So we elected to follow aÂ “Question and Answer” format for this and other pages dealing with the subject of personal bankruptcy.Â Click on anyÂ question below to reveal the answer...
Foreclosure
Virginia allows banks to bypass the courts with a non-judicial foreclosure because the deed of trust contains a clause allowing its sale by the trustees name in the Deed of Trust. This power of sale clause contains your consent to the bank selling your home without first filing a lawsuit as long as the bank follows the following steps...

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