Morris Williams LLC - A Family Law Firm

Dispute Resolution: Know Your Options.

Tue, 11 May 2021 20:55:00 GMT

The term “dispute resolution” is a fancy way of talking about an array of methods and processes for parties to resolve their divorce, custody, visitation, and support matters. Some methods of dispute resolution are informal and do not require the help of professionals (e.g., mediators, attorneys, settlement conference judges). It is helpful for couples to know what specific dispute resolution methods exist so that they can choose the best option for their circumstances. While it is true that some couples may need to go to court to resolve all their issues, it is equally true that other couples may be able to resolve their issues with little help by any third-party. For this mini-series on dispute resolution options, we will briefly cover five basic options for couples to consider when deciding how best to move forward with their family law matter.

One dispute resolution option is “direct communication.” Simply, this option occurs between the couple, and is often overlooked, but has the benefit of providing a couple the most control over the outcome of their matter. This might look like the couple sitting down at the proverbial “kitchen table” and talking about what items or issues are most important to each of them, and then coming to agreements based on those conversation. This process typically begins well before they consider court intervention. Depending on the couple and the circumstances leading to the end of their relationship, having a direct conversation about may narrow the issues to be resolved and help the couple reach a final agreement that works for them and their family.

After the couple reaches an agreement, the next step may be for each party to discuss the agreements with their own experienced family law attorney. Some parties may find it helpful to hire their own attorney for the limited purpose of drafting agreements, reviewing agreements, and informing each party of the current and future effects of their agreements prior to entering into a formal property settlement agreement. (If you would like to learn more about Property Settlement Agreements, click , here .) Then, with the help of their respective attorneys, the parties can resolve their matter out of court and the attorneys can ensure the smooth and efficient processing of pleadings to formalize their divorce matter.

While the direct communication route may not work for all couples, it is worth considering if parties value privacy, control, and want to find a cost-effective solution to resolving their matter.

If you have questions about the various dispute resolution approaches that might work for your case, contact our experienced attorneys at Morris Williams LLC – A Family Law Firm who look forward to empowering you to make the best decisions for your future. Contact us to today to schedule your consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Celebrity Docket: Some Speculation on Kanye West's Golden Wedding Ring Band

Mon, 03 May 2021 13:20:00 GMT

While it remains a relatively quiet week for any noteworthy or new juicy celebrity divorce developments, our Celebrity Docket legal team did catch an interesting tidbit on the Kim Kardashian and Kanye West divorce saga. Specifically, recent news sources, such as Entertainment Tonight (ET), reported that Kanye was last seen a few weeks ago at a photo shoot sporting his golden wedding ring band. While it is speculated that Kim and Kanye may have already sorted most of their property issues through a Prenuptial Agreement, which is a contract that the parties signed before they married, this recent Kanye ring sighting makes one wonder, what if the parties have not yet sorted the question of what happens to Kanye’s golden wedding ring band?

One can only imagine how expensive Kanye’s golden wedding ring is valued. It is probably safe to say that his wedding band is currently valued for more money than most people will make in their working career! If indeed the parties did not contemplate their respective wedding rings in their Prenuptial Agreement, the California court will likely need to decide on who keeps the wedding rings and then likely apportion a certain percentage of the value of the wedding ring to each party. In Virginia, wedding rings, which are given to the parties on the day of marriage, are generally considered marital property. If a wedding ring is classified as marital property, this means that the Virginia Courts can divide it. The process of dividing marital property is called equitable distribution in Virginia. For a more detailed framework of how equitable distribution works, visit our previous blog here. Once the court classifies the property as marital, the court then has to consider evidence on its value as of the date of the actual hearing, which, in Kanye’s case, would be valued at a pretty penny to say the least. After the valuation process, the court would then have to allocate a percentage of the value of the ring to both Kim and Kanye. Our legal team will stay tuned to see if Kanye’s wedding ring band becomes a contested issue down the road for the parties’ ongoing divorce!

If you are going through a divorce and have questions about property and equitable distribution, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to answer your questions and empower you to make the best decisions for your future. Call us today at (757) 302-8186 to schedule a consultation or email us at admin@morriswilliamslaw.com .

Co-Parenting Convos: Communication And Your Child's Therapy Appointments!

Sat, 01 May 2021 21:41:00 GMT

As an adult, the process of both finding the right therapist and going to a therapist can feel like a daunting task. For children, going to see a therapist can often take an extra amount of courage to muster up! For our next installment of our “Co-Parenting Convos,” we’ll explore some helpful ideas to consider if your child is already in therapy or if you are considering finding a therapist for your child in the future.

While it can be beneficial for both co-parents/co-caretakers to be involved in the attendance of therapy appointments with their child, it is very important to listen to your child’s therapist to understand what this specific involvement at appointments should look like. For example, some therapists may want both parents to sit in at certain points in the session or after the session to talk about things to be working on or homework to implement. Co-parents/co-caretakers should check with their child’s therapist to see what the therapist recommends for certain sessions because each session may be different. What you think might be “best” for your child in terms of parental attendance and involvement, may not actually be what the therapist recommends. Remember, this is your child’s therapy session, not yours and not your co-parent’s/co-caretakers’ session!

When it comes to any disagreements between you and your co-parent/co-caretaker, such as a difference on perhaps how to best implement after session recommendations from your child’s therapist or actual treatment plan, you and your co-parent/co-caretaker should first consider discussing any concerns together with your child’s therapist without your child present. Again, it is often best to defer to your child’s therapist as to what is appropriate for handling any concerns you or your co-parent/co-caretaker may have with your child’s treatment plan. Even before your child begins therapy, you and your co-parent/co-caretaker should also consider asking your child’s therapist on how he or she typically handles and addresses when co-parents/co-caretakers have any difference of opinion or concerns as they may arise. Your child’s therapist may even have a specific protocol for how to handle such matters, so it is best for you and your co-parent/co-caretaker to be proactive together and see what sort of protocols are already in place!

Further, if one co-parent/co-caretaker is primarily responsible for scheduling or taking your child to their therapy appointments, the other co-parent/co-caretaker should still be kept in the loop. This could be simply through sending a text or email to your co-parent/co-caretaker letting them know what your child’s therapist is recommending or what things to be on the lookout for to ensure every co-parent/co-caretaker is on the same page! And, finally, if you have not yet read our previous “Co-Parenting Convos” blog on “Best Practices with Healthcare Appointments”, click here . The tips on the prior blog will greatly assist when it comes to therapy appointments, too!

Stay up to date with our “Co-Parenting Convos” series by subscribing to our social media platforms, blog, and vlog. If you need help with your custody and visitation/parenting time matter, or to discuss any co-parenting/co-caretaker issues, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com.

Initial Juvenile Court ("JDR") Hearings in Virginia: How to Prepare.

Fri, 30 Apr 2021 14:01:00 GMT

So, you filed a petition for custody, visitation/parenting time, child support, or spousal support in the Juvenile and Domestic Relations District Court (“JDR”), or you’ve been notified that your co-parent/co-caretaker has, what now? Today we’ll give you some helpful tips on how to prepare for your first appearance in JDR court.

First, read, read, read, and read again, the summons, petition, and/or orders you receive in the mail or via service by the Sheriff’s Department/process server. This is critical in planning for your first appearance in JDR Court. Note specifically:

Additionally, quickly perform an online search of the JDR Court you must appear, so that you can decide the parking situation. Some of our courts in Virginia do not have their own parking lots and you must pay to park. Even more important, find out what methods of payment does the available parking require. Some take only cash, some need electronic payments, only. The bottom line is...PLAN AHEAD!

Planning is not only important to ensure you have everything you need, but to ensure you arrive ON TIME! We cannot stress this point enough. It is better to be early than to be late to your hearing time. Download our free report , here to learn about what could happen if you do not appear on time, or at all, to your court hearing.

Finally, it might be in your best interest to consult with an experienced family law attorney.

If you have questions, need more information and guidance, or simply want to know what to expect in your pending JDR matter, a consultation is an important step for you. Our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future by ensuring that you contemplate all potential scenarios that could be affected by any pending/future JDR filings. Make sure you contact us right away, so that if your matter requires our help, we can appear with you at that first hearing, and guide you from there.

Co-Parenting Convos: Summer Camp Planning!

Mon, 19 Apr 2021 19:50:00 GMT

In our prior “Co-Parenting Convos,” we talked about helpful tips on vacation planning with your co-parent/co-caretaker. This week, we’ll talk about what might be a category in the “vacation planning” umbrella: summer camp. Before we dive in (pun intended!), always look at your controlling order and/or agreement before you do anything else! If you don’t have an order/agreement, consider the following steps when considering your child’s summer camp participation:

Whether you and your co-parent/co-caretaker are working together in planning your child’s summer camp or not, you still need to ensure communication after the details have been completed. Written communication is always preferable since we all have a lot going on. It never hurts to be able to double-check as summer plans draw near.

Uncontested Divorces in Virginia: What You Should Know.

Thu, 15 Apr 2021 19:32:00 GMT

In Virginia, there are two main types of divorces: contested and uncontested. Today, we’ll unpack “uncontested divorces.” Simply put, an uncontested divorce means that you and your spouse have resolved all matters through an agreement (e.g., contract) without the cost and unpredictability of a trial in front of a judge. Most people who go through a divorce are less than thrilled about the possibility of having a judge decide what happens to their property, let alone what happens with their children, so they opt for a different approach. If you have not yet read our blog on Property Settlement Agreements, which provides a helpful context for the rest of this blog, click , here . A true uncontested divorce means that you and your spouse have an agreement on ALL property, support, custody/visitation, and even pet issues. Yes, even pets are important! This means that there is nothing further for the court to do except to divorce you and make your agreement an order called a Final Decree of Divorce.

Now, it is important to keep in mind that just because you have an agreement, that does not necessarily mean you or your spouse can immediately file in court to begin your divorce process. You may not have the green light quite yet! The question of when to file in court is related to your date of separation. You can read about the significance of your date of separation , here . So, if you don’t have children, but you have an agreement, you can file your uncontested divorce after six months from your date of separation. If you have children and an agreement, then you can file one year after your date of separation. There are several helpful resources for parties in Virginia who have uncontested divorce cases in Virginia, which you can review , here .

If you have questions about uncontested divorces or would like to know more about completing your uncontested divorce in court, our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Contact us to today to schedule your consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Celebrity Docket: J.Lo and A-Rod - Breaking Up is Hard to Do...

Tue, 13 Apr 2021 20:57:00 GMT

Our Celebrity Docket this week won’t be focusing on any divorce celebrity divorce matters because, well, things are quiet. However, the relationship woes of Jennifer Lopez (J.Lo) and Alex Rodriguez (A-Rod) could serve as an example of the lesser discussed topic of reconciliation. While J.Lo and A-Rod were not married, their situation can highlight some important reminders.

As many may know, rumors of J.Lo and A-Rod breaking up after their nearly four-year relationship were leaked about a month ago by various news outlets on the basis of an alleged affair by A-Rod. The two were engaged and have all but been married over the past couple of years since then, both personally and professionally. They have merged homes and children, they co-parent with each other's ex-spouses, and have even been part of each other’s business ventures. According to Marie Claire, it’s because of all of this hard work that they have put in to each other's lives that the parties have announced that they are reconciling.

This often-overlooked topic of reconciliation may take place at any time in the divorce process. Even though J.Lo and A-Rod aren’t married yet, if they were, there may be matters to address.

First, in Virginia, if parties have entered into a property settlement/separation agreement (read more here ), after their breakup/separation, then that agreement is still in effect. This is because the agreement is a contract. Typically, agreements will require that if the parties reconcile, they must execute another agreement/contract to reflect the fact that the parties are now back together. Depending on how long the parties were separated before they’ve decided to get back together, they could have some options moving forward. For example, they could simply rescind the prior agreement that was made in anticipation of divorce. Another possibility would be to enter into post-nuptial agreements to essentially “start over” with their property and their relationship. Regardless, it’s important in Virginia to remember, that if nothing is done, then the agreement is the agreement. Just one area of impact could be the effect of provisions concerning matters of inheritance if one party were to pass away. It’s important to understand that in family law, many areas can be affected by one decision.

Secondly, and lesser discussed by divorce attorneys, is the topic of reconciliation agreements. In these agreements, the parties can enter into a contract when they break up to address how they intend to later reconcile. Some states simply classify these agreements as post-nuptial agreements (as mentioned above), while other states do not even recognize reconciliation agreements. These types of agreements, however, can get a little tricky because parties are putting together a plan to reconcile, while also stating what will happen if they end up divorcing. Clarity is critical!

So, if we can learn anything from J.Lo and A-Rod, it’s that sometimes breaking up is so hard to do that it’s worth trying again...but, you might still need to speak with an attorney to make sure there are no surprises down the road.

If you have questions on the negotiation of prenuptial or property settlement/separation agreements, and/or how reconciliation might affect any separation agreements, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to answer your questions and empower you to make the best decisions for your future. Call us today at (757) 302-8186 to schedule a consultation or email us at , admin@morriswilliamslaw.com .

Co-Parenting Convos: Vacation Itinerary Coordination and Communication.

Fri, 02 Apr 2021 11:46:00 GMT

Since we’re inching toward the end of the academic year, many co-parents are planning family vacations for spring and summer breaks. Whether they be short road trips across state lines or longer treks requiring air travel, our “Co-Parenting Convos” this week will provide some helpful ideas for communicating with your co-parent/co-caretaker on travel matters.

Now, let’s pretend you’re working on narrowing down your vacation plans with your child...

We suggest, the first thing you do, is let your co-parent/co-caretaker know about your vacation plans as soon as possible. It isn’t your child’s job to play telephone and keep either one of your in the loop. If you haven’t yet read our blog “Co-Parenting Convos – No more Telephone”, click here. This is even more important depending on your Custody and Visitation Order. This is because you may have to coordinate certain vacation times/travel plans with your co-parent/co-caretaker to obtain approval beforehand or coordinate certain dates and times. Therefore, it is often best to clue your co-parent/co-caretaker in on your travel plans before you complete anything, so there is no confusion or wasted expense or energy related to disagreements —that’s not fun for anyone. Once you and your co-parent/co-caretaker have coordinated for specific dates and arrangement for your vacation time, it's good to keep a copy of those communications. Better yet, you can ensure you both have those plans in writing, just in case either one of you needs to refer to them in the future. The name of the game is proactivity and clarity! Once you have settled on your travel plans, provide your co-parent/co-caretaker with a detailed list of pertinent information. The list should, ideally, include the following:

While the above are just a few items that you could communicate to your co-parent/co-caretaker, there may be more based on the type of vacation you are taking, and again, your current Order. Ultimately, try not to see this as you “checking in” with your co-parent/co-caretaker, “gaining their permission”, or even, that they are “tracking you.” Instead, view this as an opportunity to keep your co-parent/co-caretaker informed of the things you would want to know if the tables were turned. That way, your vacation can truly be enjoyable for all! Stay up to date with our “Co-Parenting Convos” series by subscribing to our social media platforms, blog, and vlog. If you need help with your custody and visitation/parenting time matter, or to discuss any co-parenting/co-caretaker issues, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com.

Death of a Spouse in Virginia Divorces: What Happens.

Wed, 31 Mar 2021 13:50:00 GMT

Often a topic that is less desirable to discuss than divorce, is the topic of what happens when a party passing away while the divorce is pending. This is important because it’s easy to forget that in the middle of your divorce your wills, estates, and/or trusts should continue to be updated accordingly throughout the process. Keeping these matters current must be done while also adhering to the terms of any orders or agreements that have been made during your divorce process. Read our blog on pendente lite and other temporary divorce orders , here .

Long answer short, if you or your spouse were to die while your divorce is pending, the divorce matters cannot conclude. It may be even more of a shock to learn that if the court has had a hearing and granted your divorce, divided your property, etc., but the actual, written final decree of divorce has not yet been signed and entered by the judge, the divorce and property matters are not legally resolved. This is because the court has lost the ability to divide your estate per the divorce laws on equitable distribution once a party has died. Due to Virginia law, judge’s must “speak through their orders” with their divorce rulings to make everything clear. So, divorce law will no longer apply, but the laws of inheritance will.

So, if you’re in the middle of a divorce and don’t have an updated will, trust, and/or estate, or have not considered executing these important documents at all, the time to do something is now!

Our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future by ensuring that you are contemplated all potential matters that could be affected by your divorce, even if not directly related. Contact us to today to schedule your consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Celebrity Docket: Dr. Dre v. Ms. Young - Not So Single Yet!

Mon, 22 Mar 2021 18:14:00 GMT

For today’s celebrity docket, we're checking in on one of our prior Celebrity Docket cases: the matter of Dr. Dre v. Ms. Young. If you have not yet read our previous blog on this celebrity couple, click here to read “The Case of the Missing Prenup….or is It?”

The update is that Dr. Dre’s attorney, Laura Wasser, according to a recent TMZ article, is asking the California court to “bifurcate” the divorce case into two different trials. This is a fancy way of asking the court to divorce the parties first, so they are “single”, and then determining property issues during a multi-day trial at some point down the road.

As for the property matters, as outlined in a recent Daily Mail article, it appears that the main legal issue that the California court must consider is whether the parties’ “prenup” is valid and enforceable. This is an issue because, as stated in our prior blog, Ms. Young that Dr. Dre, allegedly, tore it up two years after the parties were married. Ms. Young, of course, wants to show that there is no longer a valid prenup; however, Dr. Dre wants the prenup to be enforced as if he never had the intent to tear it up and forget about it! This is probably because the prenup mainly benefits his property interests. Dr. Dre’s attorney, according to the Daily Mail article, will likely argue that the parties’ prenup had a clause stating that the only way the parties could change or amend the agreement was through another written agreement. In plain meaning, it shouldn’t even matter if Dr. Dre tore it up, as this act alone should not legally void the agreement. In Virginia, if a prenup has a specific clause stating that the only way the agreement can be changed, amended, or terminated is through another written agreement signed by the parties, this clause would likely be enforced. So, in Virginia, Dr. Dre is likely to “win” that argument.

Second, as for Dr. Dre’s request to bifurcate the divorce case into two stages, his attorney is arguing, among other things, that this divorce has become so contentious that it would be best for all parties to simply get on with it. Then they can worry about property stuff later. While Virginia courts do have the power to divorce couples first and have a later trial on property matters, this type of request is rarely granted. Virginia trial courts prefer to hear evidence from both parties to divorce and divide property at the same time/within a few days/weeks. For Dr. Dre, we will see if the California court grants his request to split these matters. Suffice to say, Dr. Dre and Ms. Young do not appear like they will be done litigating any time soon. Sorry, Dr. Dre, you’re not single yet!

If you have questions on a prenuptial or separation agreements, and/or equitable distribution/property distribution issues in divorce matters, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Call us today at (757) 302-8186 to schedule a consultation or email us at , admin@morriswilliamslaw.com .

Co-Parenting Convos: Considerations for Choosing a Communications Platform.

Fri, 19 Mar 2021 19:36:00 GMT

It’s likely of no surprise that the most important thing in any co-parenting/co-caretaking relationship is the prompt and correct exchange of information and schedules for the children involved. Our “Co-Parenting Convos” series this week will dig deeper into some considerations to choosing your co-parenting platform. Check out our Part I , here .

To start off, we are not affiliated, associated, authorized, endorsed by, or in any way officially connected with the companies mentioned here (except for our firm, Morris Williams LLC), or any of the companies’ subsidiaries or affiliates. Their names, as well as related names, marks, emblems and images are registered trademarks of their respective owners. Now that we have all the legal matters addressed, let’s get to it!

The first thing you want to consider before you begin your search for a shared communications platform is your price point. If you and your co-parent/co-caretaker have never used a communications platform and want to see if it will even work for you, perhaps a free option would be proper. However, know that if you begin using a free platform and would like to switch to a platform that offers more options and is paid, all the time you took creating a shared calendar, uploading necessary documents, etc., might have been in vain. Another possibility is to see if the platform you are interested in has a free trial. That way, if you decide to continue to use it, your efforts have not been wasted. Finally, some platforms will provide discounts to military service members and first responders, or if there are premium reductions for paying in advance. You and your co-parent/co-caretaker should consider this in advance of making your choice. You should also sort out how you two will pay for the subscription based on the specific platform’s pricing models.

The second consideration would be what features are you looking for your platform to have. For instance, our favorite platform, and the one we find the most useful for our clients, is called , OurFamilyWizard . This platform allows for a shared calendar (that can be viewed by even the children), a message board, private journal per user, an expense log with the ability for parties to exchange and track payments, and even an information bank for each child’s health and academic records. Another perk of this company is the ability for parents to provide access to therapists, Guardians ad litem, and other professionals, to view and review their individual platform access. This can help you in your after-action learning sessions. If you’re looking for less features, , Cozi can be helpful. This program was not created with a bent for the co-parenting/co-caretaking relationship, but its shared calendars, to-do lists, and ability to exchange pictures for free, may be something that would be a suitable choice for you.

Finally, once you have considered the price and features, you and your co-parent/co-caretaker should divvy up tasks to make the best use of the program and commit to one another to use it! This seems silly, but we often find that even though both parents/caretakers are willing to use the program, only one does. In this situation, unnecessary stress and conflict will ensue. Now, if the platform doesn’t work for your relationship, that’s a different story. Speak up and work out a solution. Otherwise, use the platform!

Virginia Notice Provisions for Custody and Visitation Order: What You Should Know.

Wed, 17 Mar 2021 16:07:00 GMT

Do you have a court order for your child’s custody/visitation matter? (Click , here to learn more about the types of custody in Virginia.) If you do, don’t forget that after an order has been entered by a judge, your interaction with the court does not end. While your case may have concluded, there is one issue that you need to keep the court updated for as long as you have a court order: your address!

Under Section 20-124.5 of the Code of Virginia, you and your co-parent/co-taker must provide thirty (30) days’ “advance written notice to the court” AND to “the other party” if you intend to move. This is just a fancy way of saying, both of you must tell the other, and the court, the address where you’re moving ahead of time! There is an exception to this rule if the court has specifically told you not to do so, which comes up in matters involving domestic violence, where keeping one party’s address confidential is important for safety reasons. But you're not off the hook when it comes to keeping the court and your co-parent/co-caretaker updated on your soon to be new home!

So, you may think, what’s the big deal? First, if you do not provide the court your notice to move and your new address, you could be held in contempt of court for not following your order. The Judge doesn’t just put orders in place for people to ignore them. So, read the order thoroughly. Second, if you don't provide the court your updated address, it will continue to use your old address for any future court filings. This is a big deal! Think of what would happen to you if your co-parent/co-taker filed a new motion regarding your child’s custody and/or visitation and you didn’t know what was going on because you didn’t let anyone know where you were living. There could be an order entered without your knowledge!

Luckily, if you’re intending to move, many local courts have an easy process to change your address through a form letter that you can file and then copy your co-parent/co-caretaker on. Most court’s will also accept a normal letter from the party saying what their new address is, too, it doesn’t have to be fancy! The most important thing to remember is that it is not the court’s job to make sure your information is correct.

While it may seem like a simple task, sometimes parties can forget. So, if this provision is in your order and you’re about to move, get out a stamp (yes, snail mail is still a thing in the courts), mail your letter to the court and your co-parent/co-caretaker before moving day!

If you’d like to learn more about notice requirements in Virginia Custody and Visitation Order, check out our video , here .

If you have more questions about your unique family law matter, our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Contact us to today to schedule your consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Co-Parenting Convos: Best Practices with Healthcare Appointments.

Mon, 08 Mar 2021 20:49:00 GMT

With spring right around the corner, many children are at the beginning of their sports season. This might mean obtaining an updated physical exam or other such medical assurance from their healthcare provider. Our latest installment of our “Co-Parenting Convos” series will discuss best practices about these, and all types, of your child’s health appointment matters that may arise.

First, make sure that your child’s healthcare providers have the most updated contact information for both you and your co-parent/co-caretaker. This is especially important in an emergency, and your co-parent/co-caretaker must obtain help from your child’s provider. This may sound like a no brainer, but sometimes it can be easy to forget to update simple biographical information when you’re busy caring for your child’s day-to-day needs.

Second, discuss all matters concerning the need to cancel or reschedule your child’s health appointments with your co-parent/co-caretaker, if they are involved in any way. This can be if they were planning on attending, scheduled the appointment themselves, etc. Sometimes there are valid reasons when a parent/caretaker must reschedule or cancel their child’s appointment, life happens, but avoid using this scenario to make unilateral decisions that will affect your co-parent/co-caretaker without their input. Proactive communication is essential. Now, if you and your co-parent/co-caretaker don’t usually coordinate these types of appointments with one another or your order does not require you do so, simply remember to communicate the result of the visit. This is easy and helps your child when all parents/caretakers know your child’s medical/health history.

Finally, if your child’s healthcare providers have online portals to review your child’s history, status of visits, and other important information, both parents should have access to it. Again, all parents/caretakers having access to this information will be beneficial if they need to quickly obtain it for your child’s school-related matters or time-sensitive health issues.

While both co-parents/co-caretakers may not attend all of your child’s health appointments together, your child can certainly benefit by following these best practices of communicating this important information.

Celebrity Docket: Kim Kardashian v. Kanye West - Docketed!

Fri, 26 Feb 2021 17:46:00 GMT

For today’s Celebrity Docket, we’re updating the status of the previously pending divorce matter with Kim Kardashian and Kanye West. Turns out, Kim has filed for divorce. For information on her efforts prior to doing so, click here .

According to Page Six, Kim has hired divorce attorney to the stars, Linda Wasser, to represent her in this process, which will begin with continued negotiations in attempts to keep things as amicable as possible. These efforts are supported by the fact that the parties entered into a prenuptial agreement before marriage and aren’t contesting it, and appear to agree about their children’s custody and visitation, according to Vanity Fair. We find in our client’s matters, that limiting as many contested issues as possible, is always helpful to minimize the stress, drama, length of process, and attorney’s fees.

Where Kim and Kanye may disagree is in relation to their post-marriage property. Turns out, they have a Wyoming ranch purchased during their marriage, and a multi-million-dollar home in Calabasas, California. Apparently, Kim wants to keep the home as the children have been raised there, but while the land the home sits on is owned by her, the home is owned by Kanye.

In Virginia, these situations (if not already resolved through a prenuptial agreement) could be resolved through negotiations by the parties agreeing on a division that works for them. For instance, Kanye could keep the Wyoming home and its full value and Kim could keep the California home and its full value; however, if the parties can’t agree, in Virginia the court would use the factors found in section 20-107.3 of the Code of Virginia to determine how to equitably distribute the properties. This process begins by determining whether the properties are separate, marital, or hybrid in nature, valuing each property, and then dividing each property. Sometimes division can look like the judge simply ruling that each party keeps a home, or that one party buys the other party out of their share of the equity in the home, if there are resources available to so. Unfortunately, another alternative for the court is to force the sale of all property and have the parties split the proceeds thereafter. To read more on equitable distribution of property in Virginia, click here .

So, now that we know Kanye followed his own advice and “Holla[‘d] [I] want prenup!”, only time will tell what the prenup has already addressed and resolved, and what is left for the parties, or the court, to resolve.

If you have questions on the negotiation of prenuptial or separation agreements, and/or equitable distribution/property distribution issues in divorce matters, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Call us today at (757) 302-8186 to schedule a consultation or email us at , admin@morriswilliamslaw.com .

Co-Parenting Convos: Creating a Space for Communication.

Fri, 12 Feb 2021 21:59:00 GMT

In our current pandemic-conscious world, it’s on our minds to create intentional spaces in our homes for work, play, exercise, meditation/prayer, sleep, and more. But have you ever thought about how to create a space in your home for your child to meaningfully cultivate their relationship with your co-parent/co-caretaker? This week’s “Co-Parenting Convo” will help you to do just that!

Many co-parents/co-caretakers can often overlook the importance of their child having a safe and comfortable environment for communicating with the non-custodial parent/caretaker (for our purposes, non-custodial simply means, the party not caring for the child at any given time). Actions that can inhibit your child’s communication time can range from the most obvious of ensuring that the child isn’t feeling “coached” into saying or responding on a parent’s behalf in a certain way, to the not-so-obvious ensuring the child feels comfortable requesting and having the ability to speak with the non-custodial parent/caretaker when they please.

If you’ve never considered this topic, we have two tips help to get you started.

Now, there are situations where either a court order or safety concerns may play into why these tips aren’t appropriate. If that’s the case, you should consult with us immediately to decide how to protect your child; however, for most, it’s just that they hadn’t considered this to be a “thing.” If you’re in Virginia, however, it is important to note that your ability to cultivate and encourage the relationship between your child and their parent/caretaker is a Best Interest of the Child Factor in the Code of Virginia (you can read more , here ). If you ever face a contested custody and/or visitation matter in a Virginia court, the judge will have to consider, among other factors, your ability to encourage your child and your co-parent/co-caretaker’s relationship. So, why not start with ensuring there is a quiet and comfortable space for them to communicate.

As we say, if you’d want it for yourself, you should make sure you’re doing it for the other parent/caretaker, too!

Stay up to date with our “Co-Parenting Convos” by subscribing to our social media platforms and blog. If you need help with your custody and visitation/parenting time matter, or to discuss any co-parenting/co-caretaker issues, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com .

Common Law Marriage in Virginia: What you should know.

Wed, 10 Feb 2021 15:35:00 GMT

Common law marriage is not legally recognized in Virginia. Interestingly, very few states have common law marriage. But what is it, you may ask?

In states that recognize common law marriage principles, it is a type of valid marriage based on two people living in the same home for a specific period of time. This timeframe varies state-by-state (for those states that recognize it). Generally, however, if the couple holds themselves out to their community as a traditionally married couple might and has done so for a certain period of time, they may be able to be considered as having a “common law marriage.” States that still recognize these types of marriages do so to afford romantic partners outside of the traditional marital unions, the same legal benefits of those that are in them. This can be especially significant for property rights issues.

It is also important to note that common law marriage does not typically require couples to obtain a marriage license or even perform a solemnization ceremony (this is a fancy way of saying a public ceremony of some sort).

In Virginia, however, there are a series of requirements for couples to be legally married, and take advantage of the legal benefits that come from it. The two main requirements are that (1) the parties must obtain a valid marriage license and (2) they must have some type of a marriage ceremony, where an officiant (example: ordained minister, clergy member, or a person authorized by the court) presides over the event.

This is an important reminder (or maybe wakeup call!) for romantic couples who live together for extended periods of time, to consider that if they are not legally married, there are limited protections afforded to them in the Commonwealth of Virginia. The primary way for romantic, cohabitating couples to protect themselves is to enter into a contract with one another.

While you and your romantic partner may have a strong love connection, this connection alone is not enough to create, acquire, or protect your property interests...at least not in Virginia!

If you have questions about your unique family law matter, our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Contact us to today to schedule your consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Celebrity Docket: Kim Kardashian and Kanye West

Fri, 29 Jan 2021 15:18:00 GMT

For today’s Celebrity Docket, we bring you the matter of Kimberly “Kim” Kardashian v. Kanye West. This matter is in its very beginning stage because, as of today’s date, neither party has filed for divorce in the California court system. Also, the parties have yet to reveal the details of their split publicly. What we do know, according to various celebrity news outlets, is that divorce is on the horizon for this power couple. At least at this stage, it appears that Kim, the party pursuing the split, is trying to keep matters out of court.

It will be interesting to watch this matter unfold. Specifically, to see if Kim and Kanye entered into a prenuptial agreement (also referred to as a “prenup” for short) before they got married in 2014. To learn more about prenuptial agreements in Virginia, watch our video here .

If the couple did have a prenup, we’ll see if it specifically addressed many of the parties’ current assets. For example, according to a recent Forbes article, Kanye West’s shoe brand, Yeezy, is alone worth 1.26 billion. Kim’s KKW Beauty was valued at roughly $1 billion last year. These are only two of the parties’ business ventures, they have also acquired millions of dollars in art, houses, vehicles, and jewelry, among other things. Suffice to say, Kim and Kanye have some large assets at stake! While Kanye may have sang, “Holla we want prenup!”, we’ll stay tuned to see if he took his own advice.

We’ll also be on the lookout to see if Kim’s strategy moving forward to resolve all matters (not addressed in a prenup if there is one) can be negotiated through a separation agreement. To learn more about separation agreements in Virginia, read our blog here and watch our video here .

At minimum, it is likely the parties will need to address matters of their children’s custody, visitation, and child support in some manner, through negotiations or court actions. It seems for now that Kim is trying to keep the matter as private as she can. Perhaps, she is doing this for the parties’ children. Again, only time will tell. If you want to learn more about Virginia child custody, visitation, and support, visit here , here , and here .

If you have questions on prenuptial agreements, separation agreements, or child custody, visitation, or child support matter, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Call us today at (757) 302-8186 to schedule a consultation today or email us at , admin@morriswilliamslaw.com .

Co-Parenting Convos: No More Telephone!

Wed, 20 Jan 2021 15:19:00 GMT

Many of us played the game “telephone” as children. Let us take you back to that time, sitting around in a circle with your playmates. Around and around the circle, whispers of a specific phrase were passed, until the very last child says out loud what the phrase was supposed to be. There is a 100% chance that the phrase that started with the first child is not the same phrase that the last child blurts out! Although a comical game, we believe the game proves our “Co-Parenting Convo” tip of the week: Do not use your child as a middleman for communicating with your co-parent/co-caretaker!

Using your child as the middleman for communicating with your co-parent/co-caretaker often leads to confusion for everyone and can open your child to experiencing unnecessary emotional trauma. To be blunt, your child should not be responsible for having to tell your co-parent/co-caretaker that you are running late to pick them up for your parenting time, that you would like to change your holiday schedule, or that you can’t go to a specific conference or appointment that you said you would attend. While these can seem like innocent examples, your child cannot be responsible for having to provide this information to the other co-parent. By using your child as the messenger, you are also putting them on the receiving end of having to experience any negative responses from your co-parent/co-caretaker. Kids are smarter than we give them credit for and are usually emotionally attune in picking up on the subtle expressions and body language of both parents, even if the words used are not on their face negative. Additionally, using your child as the middleman can set an unhealthy precedent in cutting out important communication that should be happening with you and your co-parent/co-caretaker. After all, it's called co-parenting, not “co-childing”, for a reason!

So, use your co-parenting platforms, text, or even pick up the phone (there’s a novel idea!), to sort any issues necessary regarding your child, and give them a chance to just be a kid.

As always, stay up to date with “Co-Parenting Convos” by subscribing to our social media platforms and blog. If you need help with your custody and visitation/parenting time matter, or to discuss any co-parenting/co-caretaker communication issues, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com .

Co-Parenting Convos: Communications Platforms.

Sat, 19 Dec 2020 21:04:00 GMT

It’s time to read up on our new “Co-Parenting Convo” where we will discuss a handy co-parenting tip to help with your communications during this holiday season and beyond: Create a central communications platform for you and your co-parent!

Whether you live in the same area as your co-parent or you’re halfway across the world from them, communication about your child’s schedule will likely be the primary subject matter between you and is likely to continue until your child is an adult. This could mean the next 18 years for some of you! Schedules can include those for sports activities, academic calendars and meetings, homework, doctors’ appointments, and logistics for holiday travel (and fill in the hundreds of other items that arise). With the increased use of technology, there are no excuses for calendar communication confusion (say that three times fast!) between you and your co-parent. Many co-parents now use co-parenting apps and shared online calendars to ensure everyone is on the same page and staying organized.

Whatever, and however, you and your co-parent decide, it's important to remember that the more organized you are with each other for the wellbeing of your child, the more stable and secure your child will feel. So, take some time this week to reassess whether your co-parenting relationship could benefit from the use of a communications platform. Research some co-parenting apps through an online search, or simply create a shared calendar on your phone for this upcoming year. Think about it as your end of year resolution...one everyone can benefit from!

As always, stay up to date with “Co-Parenting Convos” by subscribing to our social media platforms and blog. If you need help with your custody and visitation/parenting time matter, or to address issues relating to your co-parenting communications, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule your consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com .

Celebrity Docket: Kelly Clarkson v. Brandon Blackstock Custody Trial

Thu, 17 Dec 2020 21:53:00 GMT

In this week’s Celebrity Docket, we’re checking in on one of our prior matters to review the results of a recent custody and visitation trial: Kelly Clarkson vs. Brandon Blackstock. Check out our prior Celebrity Docket for more information on who these two are, and why they are divorcing. Suffice it to say, things haven’t been going well since Ms. Clarkson filed for divorce earlier this year due to “irreconcilable differences.” Our prior Celebrity Docket discussed the divorce filings specifically, but the latest information on the parties’ matter deals with a contested custody court hearing.

According to USA TODAY (via the parties’ official court file), the Clarkson and Blackstock recently took the matters of their children’s custody and visitation before the court for resolution. Due to “the level of conflict between the parents” increasing and issues with co-parenting “due to issues of trust between them,” the judge found that “the interest in providing stability and continuity for the minor children weigh[ed] in favor of [Kelly Clarkson] having primary custody.” According to Eonline.com, Clarkson lives in LA and Blackstock lives in Montana, and the children attend school in LA. The ruling also says parties will share legal custody their children. Finally, the ruling states a specific schedule for parenting time and other provisions regarding “derogatory comments” and emergency contact information for school.

We can’t speak for California (since we aren’t licensed to practice law there), but we can speak to how a judge in Virginia may have evaluated the facts we know of the Clarkson/Blackstock co-parenting relationship. First, it’s important to note the standard that all courts in the United States must follow when it comes to a determination of a child’s custody and visitation: the best interest of the child standard. Read our prior blog ,, here for more information. Now that you have brushed up on your factors, we find the “issue” highlighted by the judge in California related to “stability and continuity” interesting. Our experience of practicing family law in most of the courts in Hampton Roads, Virginia has shown a consistent emphasis in custody and visitation determinations on the best interest of the child being served where the most stability and continuity can be achieved. Sometimes, this is with both parents equally, but sometimes it is not. Regardless, during a divorce and the upheaval it causes to not only the spouses, but arguably, more so to the children, judges are often crafting their decisions around the goal of stability. Additionally, if it is true in Ms. Clarkson’s matter that her husband lives several states’ distance away from the children’s primary residence in LA, it is no wonder that, practically, she would be awarded primary physical custody. In Virginia, a similar ruling may have been decided, as it is quite difficult for both parents to share equal time with their children when the distance greatly inhibits it from happening. Of course, there are many facts that we are not privy to in this matter, but in Virginia courts, judges must go through all ten factors of our best interest of the child statute and state what facts in each factor leads to their ultimate decision.

While only time will tell if Ms. Clarkson and Mr. Blackstock’s divorce will continue to devolve their co-parenting relationship, but at least they have an order to work from to provide some predictability and routine for their children.

If you are amid a contested custody and/or visitation matter, or you would like to gather more information before you file to establish or change an order, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your, and your children’s, future. Give us a call to schedule a consultation today at (757) 302-8186 or email us at ,, admin@morriswilliamslaw.com .

Best Interest of the Child Factors: What are they?

Wed, 09 Dec 2020 15:13:00 GMT

If you find yourself involved in a custody and/or visitation case, chances are you’re going to hear the phrase “best interest of the child” more than once! If you’re a parent or caretaker of child and you're facing a contested custody and/or visitation matter, you may think to yourself, “I know exactly what's in my child's best interest;” however, what you think is in your child's best interest and what a judge thinks is in your child's best interest, may be quite different. The Code of Virginia Section 20-124.3, appropriately titled “Best Interests of the Child; Visitation,” provides a detailed list of “factors” that all Virginia judges must consider when determining what is in a child’s best interest in all contested trials.

In total, there are ten “best interest” factors. Many of the factors are based, not only on the child’s unique physical and emotional needs, but also upon matters concerning each parent or caretaker. For instance, your ability to meet your child’s needs, co-parent to resolve disagreements, and encourage the relationship meaningfully and effectively between your child and the other parent, will be part of considerations the judge will use to determine a final custody and/or visitation award. Importantly, although the factors are collectively a specific list of considerations for each judge to examine, the final factor (number 10) states, “Such other factors as the court deems necessary and proper to the determination.” This factor serves as a “catch all” provision to cover anything that may not be specifically addressed in the other factors. Practically, this means everything matters when a judge must determine what is in your child’s best interest. That's why it is so important in any contested custody and/or visitation matter to seek sound legal advice.

If you are considering going to court regarding your child’s custody and/or visitation, or if you need help in a pending contested custody and/or visitation case, our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions throughout. Contact us to today to schedule your consultation at (757) 302-8186 or via email at admin@morriswilliamslaw.com .

Co-Parenting Convos: Holiday Planning.

Fri, 04 Dec 2020 15:22:41 GMT

‘Tis the season for this timely “Co-Parenting Convo” where we will address a practical issue that might make or break your holiday season: How to get your holiday plans sorted in advance!

Anyone with a co-parenting relationship that has lasted longer than one hour will understand the importance of addressing scheduling matters in advance. However, that doesn’t make them any easier to sort. For those of you who have a court order to follow, this might alleviate most issues that arise, such as, the date, time, location, and duration of your child’s holiday schedule. Unfortunately, there are those that have orders that don’t specify these considerations, or some of you don’t have orders at all. Regardless, these tips can help anyone!

Our first tip is to plan as far in advance as possible. We are all busy and the last thing any of us needs to do is to coordinate for holiday schedules at the last minute. If you haven’t already started the holiday coordination process, there’s no better time than the present! (See what we did there? Present? Holiday? Okay...on to more tips!)

Second, we suggest that all communications related to scheduling be done in writing. This can be through email, a co-parenting platform app, or even text (if you can do so in clear and concise manner). We find (and our clients agree) that using a written means of communication allows both caretakers the ability to check their respective calendars and come to decisions with the same information. This often eliminates unnecessary miscommunications when the time to execute the holiday plans arises.

Third, we suggest that no matter what items must be sorted between caretakers, that each present more than one option to the other throughout the process. This means, unless your order states otherwise, neither caretaker should be dictating to the other what the schedule should be. Instead, provide options to the other and communicate why you chose those options. If you are upfront with what your schedule already is, then there is less back-and-forth between you two with tidbits of information during each communication exchange.

Finally, and most importantly, until there is an agreed upon holiday schedule, caretakers should NOT be discussing any matters with their child. This can lead your child to experience needless stress during a time when all they should be concerned about is spending time with those who love them.

So, get started solidifying your plans now, so you can have as restful a holiday season as 2020 can lend to you and yours!

As always, stay up to date with “Co-Parenting Convos” by subscribing to our social media platforms and blog. If you need help with your custody and visitation/parenting time matter, or to address issues with any holiday schedules, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com.

Equitable Distribution: What is it?

Wed, 18 Nov 2020 15:23:29 GMT

In Virginia, divorce attorneys will often throw around the term “equitable distribution,” but people can often get confused about what that practically means for their divorce and why it matters. Equitable distribution specifically refers to the way Virginia courts can divide the property of a marriage, which can include both assets and debts. Before a court can divide any property, your and your spouse’s property must first be classified as separate, marital, or hybrid in nature, and then individually valued. This can be a lengthy process, sometimes resulting in multiple court trials, as each side can present evidence to support their positions.

After property is classified and property is valued, the judge must then examine the statutory factors in the Code of Virginia Section 20-107.3 to determine a final award regarding that property. In this context, an award simply refers to how the judge will divide the property. This decision will be based on no less than 11 factors, which include, but are not limited to, the ages and physical/mental conditions of you and your spouse, the duration of your marriage, and monetary and nonmonetary contributions by each of you to the well-being of your family, and tax consequences of dividing marital property. Sometimes, after weighing the factors, the judge will come up with an award for you and your spouse that may represent a 50%/50% split of property; however, “equitable” does not mean “equal.” The judge could also come up with another percentage split after examining the factors in order to produce the most equitable division possible.

Now you can see why the concept of equitable distribution can prove confusing. The most important thing to remember if you are considering, or in the process of, divorce, is that you have the best idea of what an equitable distribution award would look like with your specific facts, circumstances, and property. Our experienced divorce attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future divorce matter. Contact us to today to schedule your consultation at (757) 302-8186 or via email at admin@morriswilliamslaw.com.

Celebrity Docket: Brangelina - Still in the Land of Déjà Vu

Mon, 26 Oct 2020 15:29:00 GMT

For today’s celebrity docket, we’re going to check back in with one of our most closely followed celebrity docket cases: Brad Pitt vs. Angelina Jolie. Their divorce and related custody case is STILL ongoing. If you've not yet read our blog, “A Case of Déjà Vu,” peruse it first to get the backstory on this legal saga.

Over the last few months, both sides’ legal teams have been preparing for a final contested custody trial involving the five minor children of the marriage. Now that the trial is about to begin, Brad has changed his goals and stated he intends to seek “...50 percent of custody [time with the children]" and to ensure "visitation dates and overnight stays [are] set in stone,” according to a recent story from The U.S. Sun. Angelina does not want this custody schedule. In pursuit of their goals, both parties are set to call tens of witnesses to build their cases. This means hours and hours of testimony that the Judge must weed through before making a final decision at the end of December 2020.

If the parties lived in Virginia, the stated custody scenario Brad seeks is concerned with the children's “physical custody” arrangement. Simply put, physical custody of a child addresses where/with whom that child lives. A child can either be in a primary physical or shared physical custody situation and the category is defined based on the number of overnights the child spends with each parent during a calendar year. Brad seeks shared physical custody of the children, in the most tradition sense of the term. However, regardless of Brad and Angelina's positions, if in Virginia, the judge would is only concerned with the custody arrangement that is in the best interest of the children. This is based on no less than 10 factors addressed in the Code of Virginia, which must be communicated in any final custody decision. We’ll have to wait to see what the California judge will do now that Brad’s position has changed. As we say, stay tuned.

If you have questions about your custody case, our attorneys at Morris Williams LLC, will take the time to discuss the unique circumstances of your matter and answer your questions, so we can empower you to make the best decisions for your, and your child's, future. Contact us today to schedule a consultation by calling (757) 302-8186 or email us at admin@morriswilliamslaw.com.

Co-Parenting Convos - Child-Focused Communication

Fri, 23 Oct 2020 15:31:05 GMT

In today’s “Co-Parenting Convo,” let’s explore a foundational co-parenting communication tip: “Your communication with the other co-parent should be child focused.” Now, you may be thinking, “this sounds so simple, tell me something I don’t know!” Yet, as family law attorneys, we see what happens when parents do not keep their communication focused on the child. Don’t forget, we review and are privy to LOTS of emails, texts, audio recordings, etc. between parents and caretakers.

First, when we say "child-focused," what we mean is that your communication with the other co-parent only addresses the matters related to your child. On the other hand, "parent-focused" communication usually highlights the parent’s own feelings, emotions, or general distain for the other parent, which is often veiled in situations involving the child. You get the drift. If you've co-parented for more than one day, you know what we’re talking about. We’ve all done it, both right and wrong. While perfection in this area cannot be the goal (you are not a robot), we do believe it is possible to mindfully take steps for you to create a standard of child-focused communication with your co-parent.

Now, let’s do a little exercise. Parent #1, Bobby, is at his child, Freddy’s, soccer game. Parent #2, Sonnie, was supposed to arrive at the beginning of Freddy’s two-hour game. Pretend that Sonnie does not show up until three minutes before the game ends. Further, imagine this is the third time in a row that Sonnie barely makes it. Freddy is visibly confused and anxious wondering where Sonnie is during the entire game. Afterwards, Bobby decides to send Sonnie a text. He has the choice to make this a child-focused communication or a parent-focused communication.

An example of a parent-focused text message may look like the following: “Sonnie, you are the worst parent ever, showing up at the end of Freddy’s game with three minutes to spare for the last three games. Freddy is obviously not your priority. I try so hard to work with you, but you don’t care about anyone but yourself and that is clear!!! This is the same behavior you showed me when we were married, and you never showed up to my softball games to support me. Freaking unbelievable! Don't bother showing up anymore.”

A child-focused message say be something like the following: “Sonnie, after Freddy’s game earlier, he was crying and told me that felt like you forgot about him because you showed up at the end of his game. Freddy told us both a couple of weeks ago how important it was to him for both of us to be at his games. Is there a way that we can touch base the day before Freddy’s games to figure out when you will arrive at his games? This might help Freddy if he knows when you will be there, or if you can't come. Let me know your thoughts?”

The first example attacks Sonnie and is less about Freddy and more about Bobby’s unresolved feelings from their past relationship failings, than it is about the issue at hand. The second example, lays out facts and communicates how Sonnie’s actions affected Freddy directly based on conversations with Freddy. Additionally, the child-focused text message suggests how the parties might address this issue moving forward and opens the door for a conversation between the co-parents to come to a resolution in Freddy's best interest.

Ultimately, there is no formula for how to keep your communication child-focused, since co-parenting communication can be difficult at the best of times. However, we believe that if you filter your communication through the “child-focused” lens, then you’re halfway there. Remember, this is a skill that you will forever improve upon.

Keep up to date with “Co-Parenting Convos” by subscribing to our firm on our social media platforms and blog. If you need help with your custody and visitation/parenting time matter, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com.

Co-Parenting Convos - An Introduction

Tue, 29 Sep 2020 15:33:17 GMT

We are excited to introduce our new blog and video series called the “Co-Parenting Convos.” Co-parenting encompasses the countless ways in which caretakers share the responsibility of caring for children. A large part of co-parenting can be boiled down to effective communication, including the hows, the whens, and the whys. In this series, we will explore helpful co-parenting topics and tips for you, whether you're in the middle of a court case or simply seeking new tools to improve your co-parenting skills.

We truly believe this series will be helpful to even the most successful co-parents/caretakers and is a timely subject, especially now that caretakers and children are back to school and learning to navigate the “new normal” of virtual classrooms, social distancing, and all the other changes.

Stay tuned by subscribing to our firm on our social media platforms and blog to ensure you receive our upcoming “Co-Parenting Convos” information and videos. As always, if you need assistance with your custody and visitation/parenting time matter, our experienced family law attorneys at Morris Williams LLC are here to help! Contact us today to schedule a consultation by calling (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com.

Celebrity Docket - Dr. Dre v. Ms. Young: The Case of the Missing Prenup...or is it?

Wed, 23 Sep 2020 15:36:42 GMT

With one metaphorical foot in summer and one in fall, it seems only appropriate that we should take a break from the changes past, present, and to be anticipated, to indulge in another segment of Celebrity Docket. Drop the proverbial “beat” and face the music with this month’s case of Dr. Dre (a.k.a. Andre Young) and Nicole Young.

This established marriage of 24 years is lengthy by anyone’s definition, especially in the context of the entertainment industry. But, as some songs must unfortunately come to an end, so must this relationship. Turns out that marital issues have led to Ms. Young’s recent divorce filing in the California court system. The interesting and controversial filing, however, was conveniently missing any mention of the parties’ prenuptial agreement (“prenup”). No need to fret (cue joke rimshot), Dr. Dre’s astute legal team has corrected the omission by not only mentioning the existence of the prenup in his divorce filings, but requesting the court divide the over $800 million estate per the terms of that agreement. Ms. Young and her legal team are not giving up that easily. According to recent reporting by Vanity Fair, Ms. Young is claiming that Dr. Dre tore up the prenup after the parties’ marriage due, in part, to the fact that that he was “ashamed that he had pressured [her]” into signing the prenup “very shortly before” the parties were wed. At first blush, the pressure to sign coupled with the alleged intention by Dr. Dre to null and void the agreement during his alleged paper shredding moment may seem like a good argument for Ms. Young to get her way and have the court divide Dr. Dre’s fortune per the laws of California. But, it’s not that simple. Notably, Ms. Young may have a good argument based on California’s law that states both parties need at least 7 days prior to marriage to review a prenup. Only time will tell if this timeframe was actually followed, and whether that will, in fact, void the prenup altogether.

While we can’t speak for what may happen in California, if the parties were in Virginia, the court would look at the Virginia Premarital Agreement Act that is part of the Code of Virginia. These statutes were created to define what parties can include in a prenup, when and how the prenup is enforced, and even how they are revoked. Related to our Dr. Dre impending divorce, if the parties lived in the Commonwealth of Virginia, in order to revoke their prenup, they would have had to revoke it in a subsequent written agreement. Suffice it to say, Ms. Young better be thankful she doesn’t live in Virginia or she would have had to face the music of likely having to follow the prenup.

Every case is different, of course, and there are many other factors that the Virginia court might consider; however, it is important to remember, that no matter what state you live in, a prenuptial agreement is a binding legal contract. So, while Dr. Dre and Ms. Young’s divorce most definitely won’t be over until the fat lady sings, we can assume if the parties were properly advised early on, they might not be where they are today, duking it out in court.

If you live in Virginia, before entering into a prenuptial agreement, contact our experienced family law attorneys at Morris Williams LLC by calling (757) 302-8186 or emailing us at admin@morriswilliamslaw.com, so you can be empowered to make the best decisions for your future.

Separating Fact from Fiction - What is Separation in Virginia?

Wed, 12 Aug 2020 15:39:03 GMT

We hear a lot of misconceptions about how the law defines a divorce separation in Virginia. This confusion on defining separation may be because each state has its own variation of what it means to be separated from one’s spouse, and how to do it. In Virginia, it is important for you to understand that there is no such thing as a “legal separation.” This is not something a spouse files for in court if they live in Virginia. Rather, for a separation to occur, two things must be true: 1) One spouse must have an intent to separate from the other spouse permanently; and, 2) there must be physical separation between the spouses.

Let’s first start with what it means to have the intent to separate. In this context, intent is when one spouse desires to break off the marital relationship with no hope of reconciliation. Only the intent of one spouse is needed. Sometimes, both spouses share a mutual intent to separate. Regardless, this is not the time for beating around the bush and expecting that either spouse has psychic powers. Communication of a spouse’s intent to end the marriage is necessary.

Now, let’s say today, Mr. Smith intends to separate from his spouse and communicates that intent. Does this mean the spouses are separated? Maybe. However, the parties still need to show that they have physically separated from one another, i.e., are living separate and apart. This does not mean everyone has to stop living in the residence. It is possible to live separate and apart under the same roof and many couples do this for economic reasons, but it does mean that the couple can't continue to act as they did when they were a happily married couple. So, when looking, from a legal perspective, on whether a couple has been living separate and apart, courts will look for evidence that the parties are no longer performing the activities they once did when they were married. For example, the couple no longer having regular meals together, sharing the same bedroom together, attending the same events together, may show that the spouses are no longer acting a married couple, and instead living separate and apart.

In the end, you should care about ensuring you maintain your separation, and the proof of same, because it affects when you can file divorce. For an uncontested/no-fault divorce in Virginia, you must be separated for at least one year. If you don’t have minor children, you can cut your separation time in half to six months, but only if you and your spouse have signed an agreement resolving the issues of your divorce.

Our experienced family law attorneys at Morris Williams LLC – A Family Law Firm can help answer any questions you may have about separation and divorce, so you can be empowered to make the best decisions for your future. Contact us today to schedule a consultation by calling us at (757) 302-8186 or by emailing us at admin@morriswilliamslaw.com .

From Mrs. to Miss Independent: Clarkson v. Blackstock

Sat, 18 Jul 2020 15:40:55 GMT

It’s that time of the month, friends. Gather around to hear about the next case pending on our Celebrity Docket. This afternoon, we have the divorce matter of Kelly Clarkson vs. Brandon Blackstock. You are most certainly familiar with the award-winning singer and former American Idol winner, Kelly Clarkson. However, you likely have not heard of Brandon Blackstock. It turns out that Mr. Blackstock is not only Ms. Clarkson’s husband, but is also her current manager. That little factoid could be interesting if things get heated in court. According to celebrity news sources, such as People, Ms. Clarkson formally announced that she filed for divorce from her seven-year marriage in the past month or so. The parties share two children together. So, what happened and why is Kelly filing now?

Like millions of married couples in our country for the past three months, Ms. Clarkson and Mr. Blackstock self-isolated together at the height of the pandemic as they adhered to stay at home orders. As they isolated together at their Montana ranch, it appears that some of their former marital difficulties surfaced to a point where Kelly felt she needed to make a drastic change. Sources are not fully clear on what the specific marital issues are that led to her filing for divorce, but it’s safe to say that after spending nearly three months with someone in isolation, things often become a little clearer, for better or worse, in a relationship. Easily overlooked issues are no longer as easy to sweep issues under the rug in those circumstances. Ms. Clarkson filed for divorce in California, the parties’ legal residence, stating there were “irreconcilable differences”. She also listed her date of separation as “TBD”, according to news sources. For many couples in states like California, this is often a way to get the divorce started, or to get the ball rolling, as we say. Notably, if the parties lived in Virginia, “irreconcilable differences” and putting “TBD” as date of separation would not a thing! No matter whether parties are moving forward with fault based or no-fault divorce grounds, a date of separation is critical for a final resolution of a divorce.

Unfortunately, like Kelly and Brandon, many couples have experienced heightened marital stress and, sometimes, the ultimate breakdown of their marriages while amidst lockdown. Every couples’ situation is, of course, different. For Ms. Clarkson and Mr. Blackstock, it seems that their shared lockdown experience was the ultimate straw that broke the camel’s back for their relationship. Only time will tell how amicable or messy this divorce will be as it moves towards resolution, but one thing is for sure, Kelly may finally feel like she can breathe for the first time in a long time.

If you are considering filing for divorce, or you would like to have more information before you even start, the attorneys at Morris Williams LLC – A Family Law Firm are ready to help. Give us a call today at (757) 302-8186 or via e-mail at admin@morriswilliamslaw.com, so we can discuss the unique facts of your case and empower you to make the best decisions for your future.

Post-9/11 GI Bill Considerations for Military Dependents in Divorce and Child Support Matters

Sat, 27 Jun 2020 15:42:39 GMT

Around this time of year, child support obligations are ending due to emancipation based upon graduations from high school. However, while a parent’s legal child support obligation may be ending, high school graduation time often brings about important questions for our clients concerning the payment of their, or their children’s, college education. Specifically, questions usually arise for those who have a spouse, or a former spouse, affiliated with the United States military who also have received educational benefits available through the Post-9/11 GI Bill. The question we often get in this context is: Can a judge order my spouse/ex-spouse to pay for my or our child’s college expenses through their Post-9/11 GI Bill benefits?

Before we answer that question, it is important to understand that Post-9/11 GI Bill benefits are intended to be for the educational benefit of the servicemember to help pay for school or job training efforts. The federal laws governing Post-9/11 GI Bill benefits allow servicemembers to transfer their educational benefits to another person if certain qualifications are met. As of the writing of this blog, to transfer these benefits, the following requirements must be met:

The servicemember must have completed at least 6 years of service on the date the transfer request is approved;
The servicemember must agree to add 4 more years of service to their military commitment;
The person receiving the educational benefit, must be currently in the Defense Enrollment Eligibility Reporting System (DEERS); and
The transfer of benefits must be to a qualified dependent.

The first two requirements are easy enough to meet, but the last two requirements may not be as simple as one may think. This is because qualified dependents, in our divorce context here, are children and spouses, but NOT former spouses. Once your divorce has been finalized in court, you are then considered a “former spouse.”

Now that we know more about these benefits, let’s get back to the original question, “Can a judge order my spouse/ex to pay for my or our child’s college expenses through their Post-9/11 GI Bill benefits?” The answer is no. Federal laws regulating the Post-9/11 GI Bill benefits explicitly prohibit state courts from classifying these benefits as “marital property”, which prevents the benefits from being divided in a divorce action. Remember, the original intent of the educational benefit was for the servicemember to pay for their school or job training. Additionally, since these educational benefits are for the servicemember’s use, courts cannot order a transfer to a child.

Having said that, nothing prohibits parties from negotiating an agreement to transfer the benefits to a spouse or a child. A court will not do it for you. It’s important to remember that if you are amidst a divorce and have negotiated the transfer of your spouse’s Post-9/11 GI Bill benefits for your use, this transfer should be approved and completed prior to the finalization of your divorce. Otherwise, you will not be able to take advantage of the benefits...remember the requirements for transfer we discussed earlier. You will also want to make sure to discuss other protective measures to include in your agreement to ensure your ability to access these benefits with your attorney.

If you have negotiated the transfer of your child’s use of your spouse/former spouse’s Post-9/11 GI Bill benefits, then you need to remember that before your child can use those benefits, they need to meet certain requirements before doing so. It's always a good idea to review the U.S. Department of Veteran Affairs website here for the most up to date information on what those requirements are and how to access the benefits after transfer.

At Morris Williams LLC - A Family Law Firm, we empower our clients to make the best decisions for their, and their children’s, futures. We can help you in negotiating an agreement related to Post-9/11 GI Bill benefits as part of a global settlement of your divorce. Contact us today to schedule a time to speak at admin@morriswilliamslaw.com or (757) 302-8186.

Discovery - Don't Let the Deadlines Get You Down

Fri, 29 May 2020 15:44:24 GMT

We all know deadlines are important, whether they be given by our boss in the form of an assigned project or given by our veterinarian reminding us to schedule our dog’s yearly checkup – don’t forget! Often, we prioritize a given deadline by asking ourselves what could or will likely happen if the deadline is not kept. Likewise, in the legal arena, it probably wouldn’t surprise you to learn that there are a lot of deadlines to prioritize during the duration of your case. These deadlines can be imposed through the law, the judge, or even your attorney. One of the ways you can make your life easier throughout the course of your case is to actually follow the deadlines that apply to you and your case as there may be negative consequences if you do not. A common situation where deadlines arise in your matter may be during the “discovery” process.

Discovery is a formal process that allows each party in a case to obtain information through the receipt and review of documents (Request for Production of Documents) and/or answers to questions (Interrogatories) that are provided by the other party. The purpose is to determine if the other party has information relevant to your court matter. This might mean you or the other party would have to provide bank account information or statements. It might also mean that you or the other party would have to provide specific information regarding your mental and physical health histories. It is important to keep in mind that not all court cases allow for formal discovery to occur; however, if your case does involve the formal discovery process, there will always be deadlines that require compliance.

If you or the other party do not take this process seriously and fail to provide all answers to questions and requested documentation, the other party could file a motion against you to get what you have failed to provide. Often, when a motion of this nature if filed, there is also a motion for you to pay costs and expenses that have been incurred through the efforts to get you to comply, which are also known as attorney’s fees. Further, once in court after this motion has been filed, you could be required to pay a fine for not complying with the required deadlines from the judge. Finally, the judge could even prevent you from presenting evidence at a future trial if you have failed to provide the other party with what was request. The bottom line is that you should always follow deadlines in the discovery process. It may sound simple, but not doing so could lead to a lot of wasted time and expense.

Every case is different when it comes to discovery matters, and there can be legitimate legal reasons to not respond or provide information requested by the other party, which you may have questions about. Contact us today for your discovery related questions, so we can empower you to make the best decisions for your future. To schedule a consultation, call us at (757) 302-8186 or by email at admin@morriswilliamslaw.com .

Guardian ad litem - An Advocate for Children

Thu, 21 May 2020 15:46:14 GMT

In custody and visitation matters, a judge may appoint a Guardian ad litem to assist in determining an arrangement in the best interest of the child, but who is a Guardian ad litem and what is their role in a case?

A Guardian ad litem, or GAL for short, is a licensed attorney in the Commonwealth of Virginia who is appointed by the court to represent your child. This is important to keep in mind. The GAL represents your child, not you! There are specific duties that the GAL has in order to fulfill their role, which include, but are not limited to, the following:

Completing an investigation to determine the facts of the case;
Meeting face-to-face with your child to interview them, if age-appropriate;
Preparing and appearing at all court hearings to represent your child; and
Providing the judge information and recommendations related to your child’s custody and visitation based on all information obtained through their investigation.

Again, this list is not exhaustive and depending on the age of your child and the facts of the matter, the GAL’s duties may require more duties.

Now, you may be wondering what an “investigation” really means. Keep in mind, the GAL is tasked to speak with/interview your child, but can interview you, the other party, and any other relevant individuals in the child’s life. GAL’s can also access a lot of important information such as academic records, medical records, etc. for your child. This means they may also access the same type of records for each party.

If a GAL is appointed in your case, it’s important to remember that it’s your responsibility to communicate with them regarding information you believe is relevant to your case. Many GAL’s in the Hampton Roads area will forward a questionnaire for your completion to ease this process. However, it is not the GAL’s job to hunt you down for this information. The bottom line is that it’s always best to be proactive when a GAL has been appointed in your matter.

Remember, one of the most important duties that the GAL has is to take all of the information from their investigation and make a recommendation to the judge about what is in your child’s best interest as it relates to custody and visitation. Sometimes the GAL may prefer to present their recommendation in a written report, but sometimes there isn’t a bright-line recommendation, and the GAL will choose to provide their recommendation at trial. It’s important to keep in mind that even though the judge may rely on the GAL’s recommendation, and may even strongly defer to it, judges are not bound to make an order based upon this recommendation.

Ultimately, keep in mind that the GAL’s job is to represent your child, so if you are represented by an attorney, you should always consult with them prior to speaking with the GAL. If you have questions about your custody and visitation matter related to your child’s GAL, the attorneys at Morris Williams LLCare here to empower you to make the best decisions for your future. Contact us today to schedule a consultation at admin@morriswilliamslaw.com or (757) 302-8186.

Celebrity Docket - Olsen v. Sarkozy: From Full House to No House

Sat, 16 May 2020 15:47:34 GMT

Hello friends and thank goodness it’s Friday! Before we break for the weekend, we have one more matter to deal with. Cue the lights for the Celebrity Docket in the matter of Mary Kate Olsen v. Pierre Sarkozy.

If you are wondering why these names sound familiar, it’s probably because you remember Mary Kate Olsen from her Full House days on television. Or, maybe you recognize the name “Sarkozy.” That’s because Pierre Sarkozy is the half-brother of the former French President, Nicolas Sarkozy. Mary Kate and Pierre tied the knot five years ago. Now, it appears the couple is heading to court to litigate their divorce, or, rather we should say trying. It seems that COVID-19 has put a wrinkle in Mary Kate’s litigation strategy.

Earlier this week, Mary Kate apparently tried to file for divorce on “emergency” grounds with the New York State Supreme Court. Allegedly, Pierre decided to unilaterally terminate the parties’ lease for their New York City apartment thereby leaving Mary Kate without a home in the middle of a pandemic (fear not, sources say, she’s in the Hamptons quarantining with friends). From a contractual standpoint, this likely means that Mary Kate was not even on the lease to begin with (red flag, anyone?). Regardless, several celebrity news sources say that Pierre is also demanding that Mary Kate vacate the apartment next week, prior to the termination of the lease. Mary Kate’s attorneys labeled the predicament an “emergency” matter.

According to Mary Kate’s court filings, which were obtained by the news outlet, Page Six, Mary Kate wrote, “This application is an emergency because my husband expects me to move out of our home on Monday, May 18, 2020 in the middle of New York City being on pause due to COVID-19.” At the end of the day, a New York judge reviewed Mary Kate’s filings and ruled that there was no emergency, and therefore, her divorce filings could not go through. This also means that her requests regarding the New York apartment would not be addressed. Now, Mary Kate will have to wait until the court lifts some of their filing restrictions in light of COVID-19.

If Mary Kate lived in the Commonwealth of Virginia, however, she could have filed for her divorce. Now, having the court address her requests regarding the apartment is a bit more complicated. Currently, Virginia courts have restrictions for scheduling non-emergency hearings in light of COVID-19. So, if she wanted the court to hear her request, then she would still would have had to prove that there was an “emergency.” However, beginning Monday, May 18, 2020, Virginia courts are allowing individuals to schedule non-emergency matters. If Mary Kate tried to file to schedule a hearing to stop Pierre from moving her stuff out of the apartment, she would be able to do so this coming week without proving an “emergency” situation exists. In Virginia, we would call this type of hearing a pendente lite hearing, which is when there are certain requests for injunctive relief (where we want one party to be ordered to do, or not to do, something specific). This type of hearing could allow a judge tell Pierre to cease his conduct of kicking Mary Kate to the curb (or, uhhh, the Hamptons). Whether Mary Kate would prevail with her requests is a different story. We’ll stay tuned on the Mary Kate Olsen v. Pierre Sarkozy case and see how the details get played out in court when the time comes...when they can actually file for divorce!

Does this seem like a bunch of wasted time and effort? Or maybe, it seems like a situation where attorneys are padding their vacation funds? We’ll let Mary Kate decide while she packs up her Louis Vuitton luggage collection and relocates to the Hamptons until further notice.

If you are considering filing a divorce matter in Virginia or if you require immediate temporary relief in your divorce matter, give us a call today at (757) 302-8186, so we can discuss the unique facts of your case and empower you to make the best decisions for your future.

Virginia Child Support - It Doesn't Have To Be Complicated!

Tue, 12 May 2020 16:14:56 GMT

If parent or caretaker chooses to pursue child support through the court system, there are some specific issues that the court must initially determine. The first issue is whether there is an existing custody and visitation court order in place for the minor child or children. This is important because there are different guidelines/worksheets utilized in Virginia that will be used to calculate child support that depend on the custody and visitation situation. The three guidelines/worksheets that can be used are as follows: sole custody, shared custody, or split custody.

The next key issue for the court to determine is to calculate the current gross incomes for each parent. Gross income means the amount a party earns before taxes and other expenses, i.e. healthcare, allotments, etc. are taken out. In Section 20-108.2 of the Code of Virginia, gross income “means all income from all sources” which includes income from salaries, bonuses, dividends, severance pay, pensions, some forms of social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, and gifts. There are, of course, exceptions in both the Code and case law regarding what can be used for the calculation of gross income, but the overall definition is extremely broad. There are also certain credits that can be given to each party for medical and dental insurance premiums paid for the child or children and reasonable work-related childcare costs. Once this information is properly established, the court can make a child support determination based off the proper guideline/worksheet.

Alternatively, sometimes parents will come to their own agreement on what child support should be paid. They can do this through a verbal agreement, but a more advisable approach is to put the agreement in writing. Any written agreement can then be filed and approved by a judge making it an actual court order. Any court order can be legally enforced or modified down the road if either party does not comply with it.

Finally, parties can always determine child support through their local Department of Social Services Child Support office to both establish and/or enforce a child support order or agreement. For more information, please contact your local department.

At Morris Williams LLC, we frequently assist clients with obtaining, modifying, and enforcing child support orders in the Hampton Roads courts. Let us empower you to make the best decisions for your future by discussing your options during your child support consultation. Contact us today to schedule a time to speak at admin@morriswilliamslaw.com or (757) 302-8186.

Pendente Lite Hearing: Temporary Orders to Maintain Stability

Wed, 06 May 2020 16:16:44 GMT

Even if you have never experienced a divorce, it’s not hard to imagine that the process can be complex, lengthy, and uncertain. To address these realities, the courts in Virginia allow for what is known as a pendente lite hearing to attempt to provide some certainty while one’s divorce is pending final resolution. Pendente lite literally means “awaiting/pending the litigation” in Latin. The purpose of a pendente lite hearing is for a judge to make rulings on a temporary basis related to matters of support, child custody and visitation, exclusive use and possession of the marital residence, payment of debts and bills, just to name a few.

Typically, a pendente lite hearing is shorter than most hearings since matters are to be determined on a temporary basis only. Each jurisdiction in Virginia has various rules regarding the procedures that must be followed as it relates to a pendente lite hearing, but it is important to note that no matter what, any order that arises from a pendente lite hearing is a temporary court order, binding on both parties. Often, many matters may be temporarily resolved based on the agreements between the parties. Therefore, it is important for you and your attorney to determine if a pendente lite hearing is even appropriate for you based on the circumstances of your matter.

The attorneys at Morris Williams LLC frequently assist clients with pendente lite hearings in Hampton Roads courts and will take the time to determine if this type of hearing is right for your case. Contact us today to schedule a consultation at admin@morriswilliamslaw.com or (757) 302-8186, so we can empower you to make the best decisions for your future.

Celebrity Docket - Brangelina: A Case of Déjà Vu

Fri, 24 Apr 2020 16:18:07 GMT

Let’s take a few minutes to break away from COVID-19 news and the presidential election. Cue the lights, camera, and craziness of the celebrity family law docket as we stroll to the faraway land of California:

The parties on today’s docket are Brad Pitt and Angelina Jolie. Many of you remember that Angelina and Brad split in 2016 after two years of marriage and 12 years together. Since their split, they have had several high-conflict custody spats, both in and out of court about their six minor children (three adopted and three biological). According to celebrity news sources, namely The Sun, Angelina is trying to ban Jennifer Aniston from having any contact whatsoever with the minor children. Apparently, Jennifer and Brad are chumming it up again – on some level. If we pretend that the sources are indeed correct, that leave us with the following query: Can Angelina really file in court to have a judge ban a Jennifer from having contact with her children? Is that even a thing in custody cases, specifically with romantic partners of the other parent?

Well, we cannot speak for California, but if the parties were in Virginia, this would be an extraordinary remedy for a court to put in place given the present circumstances; however, she could file to have a judge make a ruling on the matter. In Virginia, when parents are exercising parenting time with their children, they can continue to live their lives, and to see and visit the people that are part of their lives when they are with their minor children. However, if one parent has a legitimate concern about their children’s safety and health (either physical or psychological) when the children are around a certain individual, like a romantic partner, this could affect custody through a court ruling. In this type of situation, a judge would want to hear specific and relevant evidence on this issue. For example, is this person or romantic partner a convicted domestic abuser? Does the person have prior Child Protective Services findings as an abuser or neglector of children? Does the person have a criminal conviction showing they are a potential risk to your children? These are just a few examples of when a judge might be willing to put reasonable parameters, or an all-out ban, on the contact between that person and your children.

Every case is different, of course. There also does not need to be a hearing to place protections around the children. Sometimes parents succeed with reaching an agreement on these types of issues by placing prohibitions in their custody and visitation orders, such as “the children shall not be left in the sole care of X individual” or “no overnight guests unless related by blood or marriage when the children are in the care of either party.”

So, what’s the real reason Angelina doesn’t want Jennifer around the children when it is Brad’s parenting time? We may not know the exact motives, but we can guess... Whether Angelina will prevail in the California court is murky, and doubtful in light of what we know of the actual facts, i.e., Jennifer does not pose a risk to the minor children in a meaningful way; however, if you're considering requesting a modification to your custody and/or visitation order to address issues with the people frequently around your children, give us a call today at (757) 302-8186, so we can discuss the unique facts of your case and empower you to make the best decisions for your future.

Take Control of Your Virginia Divorce - Consider a Property Settlement Agreement.

Wed, 22 Apr 2020 16:20:02 GMT

In Virginia, many parties settle their divorce through what is called a Property Settlement Agreement or Marital Settlement Agreement (an “Agreement”). By “settle,” we mean that parties do not have to a trial in front of a judge to resolve their issues. We will briefly cover what such an Agreement could include and why parties should consider this approach.

When you negotiate an Agreement, you have much more control over the result than having a judge make the decisions for you. A Judge is bound by the law. You and your spouse are not. That means, you can make decisions that make sense to you and your situation, even if the law wouldn’t support it. Agreements include resolutions to matters such as real estate, retirement, bank accounts, furniture, pets, etc. Additionally, Agreements can also include matters of spousal support, custody and visitation schedules, and child support. Even if you and your spouse can’t come up with a global agreement on all matter, i.e. all matters resolved, it’s still possible to come up with agreements to some things rather than none.

Another benefit of an Agreement is that it's an enforceable written contract. This practically means that if you enter into an Agreement, you cannot go back and change the contents of it unless you and your spouse agree. Once signed, it’s enforceable. Now, there are some exceptions to this rule, especially when it comes to issues dealing with children; however, the general rule is that the Agreement is not going to be changed unless the other person agrees to do so.

Finally, let’s say you’ve already signed an Agreement with your spouse. What’s next? If you have an Agreement and there are no minor children, then you can file an uncontested divorce once you have been separated for six months. If you have minor children, you will need to wait until you have been separated for one year. Regardless, once you have been separated for the appropriate time, the process of filing for your divorce can usually be initiated and finalized without having a court hearing.

If you need assistance in drafting and/or negotiating a Property Settlement Agreement for your divorce matter, the attorneys at Morris Williams LLC - A Family Law Firm will take the time to assist you in determining your specific objectives, so you can be empowered to make the best decisions for your future. Contact us today to schedule a consultation at admin@morriswilliamslaw.com or (757) 302-8186.

Morris Williams LLC - COVID-19 Message to Our Community

Thu, 09 Apr 2020 16:21:50 GMT

As we navigate the COVID-19 crisis, the team at Morris Williams LLC continues to serve our existing and potential clients in all of their family law matters throughout Hampton Roads, Virginia. While we recognize this is a challenging and uncertain time, we are doing our part to keep our families and community safe and healthy by implementing the following measures:

Conducting meetings via video-chat or telephone to assist and inform clients;
Further utilizing our secured cloud-based case management platforms to avoid unnecessary time delays with traditional mailing options;
Reviewing all updates related to COVID-19, so that our clients can stay informed as more guidance is provided;
Maintaining social distancing in our office by having only two members of our team present at a time;
Increasing our office’s cleaning and sanitizing practices to keep our team healthy and reduce the spread of germs; and
Following our national and local government recommendations regarding the use of protective wear and best practices.

If you have questions about your family law matter, you don’t have to wait. Call us today at (757) 302-8186 or contact us via e-mail at admin@morriswilliamslaw.com, so we can empower you to make the best decisions for your future.

Seeking Safety and Protection During COVID-19 Pandemic

Wed, 01 Apr 2020 16:23:39 GMT

As of March 30, 2020, the citizens of Virginia are now subject to the Governor’s Executive Order 55, entitled, “Temporary Stay At Home Order Due to the Novel Coronavirus (COVID-19)”. For most of us, this means a clear and abrupt disruption to our normal activities as we once knew it, at least until June 10, 2020. Unfortunately, for many individuals, this Order also represents more fear and uncertainty if they are living in an unsafe house. This could be because of ongoing abuse or threats of harm directed towards a family member. What are the options to protect these people?

First and foremost, for anyone fearing for their ongoing safety or for the safety of their loved ones, it is crucial that law enforcement is contacted. Real time emergencies call for real time contact with law enforcement. Law enforcement personnel are still working. In addition to contacting law enforcement, an individual may also have the option to obtain a civil Protective Order (PO), also called a Restraining Order in certain states. Although the courts are not hearing many cases in light of the COVID-19 crisis, certain matters like PO’s are still being heard and remain top priorities for Hampton Roads courts.

So, what exactly is a PO? A PO is a type of court order that can be granted to an individual by either a judge or a magistrate (an officer of the court). An individual seeking a protective order is called a “petitioner.” The purpose of any protective order is to request that specific boundaries be put in place to restrict contact between a petitioner and another individual, called the “respondent.” One of the ways for a petitioner to obtain a protective order is to show evidence alleging that they are victims of family abuse. In section 16.1-228 of the Code of Virginia, “family abuse” is defined as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member.”

If a petitioner presents evidence, usually by way of a sworn affidavit, to indicate that they have suffered “family abuse,” the judge or magistrate will typically place an Emergency Protective Order (“EPO”) in place. An EPO will often expire at the end of the third day following issuance of the EPO. The purpose of the EPO is to provide the parties a “cooling down” period. Sometimes individuals don’t seek further court intervention, but when appropriate, one can request to extend the EPO. If the judge or magistrate determines that the EPO should be extended, a Preliminary Protective Order (“PPO”) is put in place. This typically lasts fifteen days or until a full hearing can be scheduled by the local court. It is important to note that the fifteen-day timeframe can be extended.  For both an EPO and a PPO, the petitioner presents their evidence ex parte, meaning that the respondent is not present to offer alternative evidence of the allegations made by the petitioner. Therefore, there must be a full hearing on the matter at some point in the future. 

At the final hearing, the judge will hear evidence from both parties. It is important to note that the petitioner has the burden of presenting evidence that “family abuse” occurred, not that the respondent has to prove it did not occur. Both parties may be represented by an attorney at this hearing. After all evidence has been presented, a judge will determine whether a PO will be granted. 

If a PO is granted after a final hearing where evidence is presented by both the petitioner and respondent, the judge must first determine how long the PO should be in place. PO’s can last for up to two years; however, the judge will determine the length based on the evidence presented at the hearing. Like an EPO or PPO, the judge can order a variety of provisions that can restrict contact between the parties. With the PO, however, this is on a more permanent basis and the provisions put in place will last for as long as the judge states, or the length the PO is in place. Before the expiration date of a PO, either party can ask the court to either modify or dismiss the order, which typically occurs through another hearing.

As a respondent, an EPO, PPO, and/or PO can have serious consequences for their lives in the present and future. One consequence is that the respondent cannot possess or continue to own a firearm while any form of protective order is in place. In fact, they must immediately turn in any firearms in their possession within 24 hours of being served by the sheriff. Additionally, if the respondent is in the military, they may also have a military protective order imposed and have their ability to carry a weapon in the course of their employment duties revoked for as long as the protective order is in effect. These ramifications can obviously have lasting consequences for an individual’s job, especially if it is a requirement that they carry a weapon in the normal course of performing their duties. Finally, a protective order can negatively impact their security clearance. There are more ramifications that can occur on the military side with Family and Fleet Services as well.

The attorneys at Morris Williams LLC - A Family Law Firm are experienced at both obtaining protective orders and defending against protective order matters. Contact us today to schedule a consultation at  admin@morriswilliamslaw.com  or (757) 302-8186. We continue to conduct telephone and video consultations that empower our clients to make the best decisions for their futures.

Mental Health Considerations During Family Law Matters and COVID-19 Crisis

Thu, 26 Mar 2020 16:25:24 GMT

Even in the most amicable of divorce matters, most individuals will experience feelings of loss and sadness at some point during their case or in the aftermath. When there are children involved, the stress and anxiety can manifest in a more heightened and intense manner for all parties involved. Let’s not mention the ever-changing situation involving the COVID-19 worldwide pandemic, which leaves most of us in one of the most uncertain seasons of our lives. If ever there was a time for one to prioritize their mental health, it is now! If you are at the beginning of a divorce or custody case, get help immediately, don’t wait until this chapter of your life is over because there is no guarantee how long it will take. This might mean seeking the assistance of a mental health professional to learn healthy coping mechanisms for dealing with your stress, attending a support group for people in similar situations, or learning the importance of diet, exercise, and healthy living practices. One doesn’t need to have a formal diagnosis of a mental health illness to be proactive in determining the resources available in their community to help them. Even visiting the National Network of Depression Centers Online, here , or the Center for Disease control website, here , is a powerful step in the right direction.

From a practical perspective as an attorney, if a client isn’t taking care of their mental health amid their legal matter, it can make their attorney’s job extremely difficult. Even if one isn’t actively litigating in court, untreated mental health illness(es) may prevent one’s ability to effectively communicate with their attorney. This can look like a client struggling to return phone calls, missing appointments, or forgetting to complete basic tasks requested by the attorney. It’s also important to recognize that one’s attorney is not equipped to stand in as a substitute for the mental health professional. This is not only an inappropriate role for an attorney but can be very costly for a client if they attempt to utilize their attorney in that manner. Further, we can all appreciate that our individual mental health obstacles do influence those around us, especially children. Therefore, it is critical that you seek the resources available to empower you to help yourself during these stressful times.

It is imperative that clients prioritize their mental health through the duration of their case regardless of their reasons for doing so. This will look different for every client. At the family law firm of Morris Williams LLC, our attorneys also make our clients mental health a priority throughout the course of the attorney/client relationship by providing resources and assistance from start to finish. Contact us today to schedule a consultation at admin@morriswilliamslaw.com or (757) 302-8186.

Types of Custody in Virginia

Wed, 18 Mar 2020 16:28:24 GMT

In the Commonwealth of Virginia, there are two types of custody the courts must consider when making a determination in the best interest of the child: legal custody and physical custody.

Legal custody for a child is typically concerned with decision-making ability and can either be sole or joint in nature. Sole legal custody provides that one parent has the responsibility for the decision-making authority of the child’s life that are not merely limited to the day-to-day matters. Joint legal custody is when both parents of a child share the responsibilities of the child and have joint authority to make decisions regarding the child’s care. In a joint legal custody scenario, it does not matter if the child resides with one parent for more time than the other. Both parents get to be equally involved in the decision-making matters for the child. Typically, the matters encompassed under the legal custody umbrella can be, but are not limited to, decisions concerning the child’s schooling, medical care, religious/non-religious upbringing, etc.

Physical custody of a child addresses where the child resides. A child can either be in a primary physical or shared physical custody situation. The Code of Virginia more specifically delineates the definition of primary and shared custody situations, which are based on the number of overnights the child spends with each parent during a calendar year.

Since there are numerous factors to consider in matters concerning a child’s custody, at Morris Williams LLC - A Family Law Firm, our attorneys will take the time to discuss these factors in consideration of the unique circumstances of your matter. Contact us today to schedule a consultation at admin@morriswilliamslaw.com or by calling (757) 302-8186 to find out more.