Barnes & Diehl, P.C. Barnes & Diehl, P.C. 2026-08-07T07:54:25Z https://www.barnesfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204365/2022/06/cropped-BD_FAV-32x32.png On Behalf of Barnes & Diehl, P.C. <![CDATA[Can one spouse keep the business after divorce?]]> https://www.barnesfamilylaw.com/?p=52085 2026-07-31T11:06:24Z 2026-08-05T11:05:29Z Use other assets to offset the business value Virginia courts divide marital property in a way they find fair, which is not always a 50/50 split. You could keep the business while your spouse receives a larger share of other marital assets, such as home equity. This type of offset may help you avoid selling the company or sharing ownership after the divorce. Before using an offset, you need a fair value for the marital share of the business. An appraiser could review its income, debts and assets. You can then compare that value with other marital property to see whether an offset would place too much strain on either spouse.

Consider payments over time

You may lack enough cash or property to fund the full buyout at once. Virginia law allows a court to grant a money award in one payment or in fixed payments over time. You and your spouse could also set payment terms in a written settlement. A payment plan might preserve funds for wages, bills and other business needs. You should consider whether the amount and due dates fit the company’s cash flow. The agreement may also address interest or security if the facts call for it.

Preparing for continued ownership

Keeping the business may remain possible even if you cannot fund an immediate buyout. Understanding its value, preparing a workable payment plan and getting guidance on the process could help you protect the company and plan your next steps.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Is proving fault worth the battle in Virginia?]]> https://www.barnesfamilylaw.com/?p=52087 2026-07-29T18:10:24Z 2026-07-29T18:10:24Z Bypassing the required wait time A standard contested divorce in Virginia requires a one-year physical separation before a spouse can file. Filing on fault grounds allows a person to skip this mandatory waiting period. State law names four main fault grounds:
  • Adultery
  • Cruelty
  • Desertion
  • Felony conviction resulting in confinement for more than one year
Claiming one of these grounds lets the wronged spouse file papers right away without waiting out the full year. While filing can happen immediately for any of these grounds, only adultery and felony convictions allow a spouse to completely skip the one-year waiting period for finalizing the divorce. Cruelty and desertion still require a one-year separation before the court can grant the final decree.

Blocking spousal support payments

The main benefit of proving adultery involves its impact on alimony payments. State law says a finding of adultery creates a legal bar that stops the cheating spouse from receiving spousal support. The court will deny alimony to the at-fault party in almost all cases, as mandated by state law. A judge can only set aside this bar if denying support would create a "manifest injustice." The judge looks at the respective degrees of fault and the economic circumstances of both parties to make this determination. Getting this financial protection takes solid proof, which creates a significant legal hurdle.

Meeting a strict evidence standard

Virginia courts do not accept mere guesses or rumors as proof of cheating. Proving adultery requires clear and convincing evidence. This standard is much higher than the burden of proof in most civil cases. A spouse cannot rely on a strong feeling or suspicion alone. Meeting this rule usually forces a spouse to gather hard proof of the misconduct. Building a strong case often involves specific steps:
  • Professional surveillance: Hiring private investigators to track the cheating spouse's movements and meetings
  • Financial tracking: Finding credit card receipts for hotel rooms, gifts or travel
  • Digital records: Pulling text messages, emails or call logs that prove the physical relationship
Gathering this level of proof takes a lot of time and often drains personal funds.

The reality of the litigation cost

Fault-based divorces cost much more than standard no-fault options. Spouses often weigh the cost of private investigators and long court battles against the potential financial impact of blocking spousal support. For some people, protecting their long-term income justifies the expense of the fight. Escaping an abusive home also makes the immediate filing worth the effort. For others, waiting out the separation period for a standard divorce is a better path. It offers a cleaner and less costly end to the marriage.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[How can you negotiate a relocation plan without going to court?]]> https://www.barnesfamilylaw.com/?p=52076 2026-06-19T14:21:39Z 2026-06-19T14:00:25Z What are your options for out-of-court negotiations? You have several alternatives to litigation. These options can help you reach an agreement while avoiding the stress and expense of a courtroom battle. Common options include:
  • Mediation: Both parents work with a neutral third party who facilitates discussions. The mediator does not make rules or decisions. Instead, they guide the parents toward an agreement that works for everyone.
  • Collaborative law: This process involves both parents and their representatives working together in a cooperative setting. Everyone commits to settle issues outside of court, promising to work through structured meetings and negotiations.
  • Direct negotiation: Parents can talk directly to each other to reach an agreement. This method works well when both parties maintain open communication and are willing to compromise on relocation terms.
You and your spouse can create customized solutions that fit your family's unique needs. These methods also tend to preserve a more cooperative co-parenting relationship, which can benefit your children in the long term.

How should you approach the negotiation process?

When approaching relocation in Virginia, you must provide 30 days' advance written notice of your intended move to both the court and the other parent. This notice requirement applies even when if you are negotiating peacefully outside of court. Before you start talking terms, think about your reasons for relocating and your ex-spouse's concerns about the move. Be prepared to discuss how you will maintain theirrelationship with the children. During the negotiation process, you must create a detailed proposal that addresses custody schedules, visitation arrangements and transportation responsibilities. Include communication plans and how you will handle holidays and special occasions. Virginia courts evaluate factors like each parent's relationship with the child and the child's adjustment to home and community. Your plan should address these same concerns.

What makes a relocation agreement enforceable?

A negotiated agreement must meet the following legal requirements to be valid:
  • The plan is in writing and signed by both parents
  • The agreement clearly outlines all custody and visitation terms
  • The agreement receives court approval
Virginia courts will review the plan to ensure it serves the child's best interests. Once the court approves your agreement, it becomes a formal court order. Both parents must follow the terms exactly as written. Violating the agreement can result in legal consequences, including contempt of court proceedings.

Creating a path that works for your family

Court battles often result in one-size-fits-all solutions that may not serve your family. Negotiating outside of court gives you the power to craft arrangements that respects your specific needs. While the process requires compromise, the result can be a relocation agreement that protects your relationship with your children. It can also set the foundation for successful co-parenting in the years ahead.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[What happens when both spouses want the family pet?]]> https://www.barnesfamilylaw.com/?p=52073 2026-06-05T15:25:31Z 2026-06-05T15:25:31Z you go through a divorce in Virginia, deciding who keeps the family pet can become one of the more emotional issues you face. Dogs, cats and other companion animals often feel like part of the family, so both spouses may feel a strong attachment. Even so, Virginia law generally treats pets as property, which can influence how you or the court handle these disputes. Understanding how the process works may help you better see what options could be available as things move forward.

How does Virginia law classify family pets?

In Virginia, courts generally classify pets as personal property during divorce cases rather than family members. Under Virginia law, judges divide marital property in a way they consider fair based on the circumstances. This framework can include companion animals such as dogs, cats and other pets that both spouses may want to keep. Although you may see a pet as part of your daily family life, the law typically places animals in the same category as other marital assets. As a result, this classification can shape how you and your spouse discuss ownership and how a court may evaluate competing claims.

What happens when both spouses want the pet?

When both spouses want the family pet, you may first explore negotiation before any court involvement. Many people reach agreements outside of court because it can allow more flexibility and reduce conflict during an already stressful time. In some situations, you may see arrangements such as:
  • One spouse keeps the pet while the other receives different marital property in exchange
  • One spouse takes primary ownership while the other receives scheduled time with the pet
  • Both spouses share certain pet care costs, even if one person keeps the animal
These arrangements often depend on what feels practical for both sides and what supports the pet’s daily routine and well being.

How might courts decide pet ownership?

If you and your spouse cannot agree, a court may step in and decide who keeps the pet. Judges often focus on how the pet fits into the household rather than emotional attachment alone. In Virginia, courts may consider several practical factors, including:
  • Who handled daily care such as feeding, walking and veterinary visits
  • Who has more stable housing that can support the animal
  • Who paid most of the pet related expenses during the marriage
  • How the pet interacts with children or other household members
Because Virginia law treats pets as property, courts typically do not apply custody style rules used in child related matters. This distinction can shape the outcome, even when both spouses feel strongly about the animal.

Finding a workable path forward

Pet related disputes during divorce often come down to communication and planning between both spouses. While the law provides a structure for resolution, your own agreements and circumstances may still play a meaningful role in how you resolve the matter over time.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[What if my child refuses to visit their other parent?]]> https://www.barnesfamilylaw.com/?p=52070 2026-05-18T09:45:36Z 2026-05-21T09:44:50Z Your teenager suddenly tells you that they do not want to spend time with their other parent anymore. They give reasons ranging from feeling uncomfortable to claiming the other parent ignores them.  You have a court-ordered custody schedule that requires the visits to happen. This situation puts you in a tight spot between respecting your child's feelings and following the law.

Why do children push back on visitation?

Children refuse visits for many different reasons and understanding the cause matters when courts get involved:
  • Developmental stage: Teenagers naturally want more independence and time with friends, which can make custody schedules feel restrictive even when both parents provide good care.
  • Legitimate safety concerns: Your child might face real problems like abuse, substance use or harmful living conditions at the other parent's home that warrant their aversion.
  • Parental alienation: One parent might try to turn the child against the other parent through bad mouthing, less contact or undermining the relationship.
  • Schedule conflicts: School activities, jobs and social commitments become more important to older children and mandatory visitation might genuinely interfere with these priorities.
Virginia courts consider a child's preferences more heavily as they get older. However, even teenagers cannot simply refuse court-ordered visitation without consequences.

What are your options? 

You cannot unilaterally stop sending your child to court-ordered visits just because they refuse to go. Doing so can put you in contempt of court even if you sympathize with your child's position. You can: 
  • Document your child's concerns in writing and your attempts to encourage compliance with the order
  • If safety issues exist, file for an emergency custody modification 
  • For less urgent situations, seek a custody modification based on changed circumstances 
  • Request the court appoint a guardian ad litem to investigate your child's concerns 
Courts can also order family counseling to address relationship problems between your child and the other parent. Legal guidance can help you manage this ordeal while protecting your child's wellbeing and your legal rights under the custody order.  ]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Can a child choose custody in Virginia courts?]]> https://www.barnesfamilylaw.com/?p=52063 2026-04-15T13:54:25Z 2026-04-20T13:53:26Z Custody decisions in Virginia often raise questions about whether a child can decide which parent they want to live with. You may hear stories about teenagers choosing one home over another, but court decisions do not rely on preference alone. Instead, judges look at the full picture of the child’s life before reaching any decision.  A child’s voice can matter, especially as they get older, yet it becomes one part of a broader review. Factors like school routines, home stability and each parent’s ability to provide care all carry weight. Because of this balance, the process can feel uncertain when emotions run high during separation or divorce.

What judges hear

Against that backdrop, Virginia courts may consider a child’s preference, but it does not control the outcome. Under Virginia Code § 20-124.3, judges first look at the child’s age and maturity before deciding how much weight to give their opinion. For example, a 15-year-old who clearly explains reasons for wanting to live with one parent may influence the court more than a younger child who bases the choice on short-term comfort or preference. From there, courts compare the child’s wishes with other important facts in the case, such as safety in each home and the level of involvement from each parent. In some cases, a guardian ad litem may step in to help the court better understand the child’s situation and needs. When these issues come together, legal guidance can help clarify how a child’s statements may be presented in court and how they fit within Virginia custody standards.

When it counts more

As the court weighs all these factors, a child’s input may carry more influence in certain situations than in others. The weight given to their preference often depends on the surrounding facts and how clearly the child expresses their reasons. A child’s preference may carry more weight when:
  • The child is older, especially in the teenage years.
  • The child shows maturity when explaining their reasons.
  • The child gives consistent reasons over time.
  • The child faces safety concerns in one household.
  • The child has stronger school or community stability in one home.
Even when these factors appear, they do not guarantee a result. Instead, they help the judge decide how much importance to place on the child’s view while still comparing all evidence in the case.

The bigger picture

Bringing all of this together, a child’s choice can matter in parental rights cases, but it never stands alone. Courts continue to focus on long-term stability and the overall best interests of the child. This means every detail of the family situation becomes part of the decision.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Terminating spousal support after remarriage or death in Virginia]]> https://www.barnesfamilylaw.com/?p=52040 2026-03-17T10:38:29Z 2026-03-20T10:37:55Z Spousal support in Virginia exists to provide financial help when one spouse depends on the other after divorce. Life changes, however, can shift these obligations. Events such as remarriage or the death of a spouse may change who pays what and for how long. Knowing how support can end helps you plan ahead and avoid unexpected financial strain.

Remarriage can change the rules

One of the most common ways spousal support ends is when the receiving spouse remarries. Virginia courts typically see remarriage as a significant change in finances that may reduce or stop support. Under Va. Code § 20-109, support usually ends when the new marriage begins. However, the timing and proof matter. Some situations where support may end include:
  • Remarrying a partner who provides enough income to cover daily living expenses
  • Living with a new partner in a long-term arrangement that includes financial help
  • Receiving inheritances or gifts from a new spouse that reduce financial dependence
Documenting these changes can clarify your situation for the court. Seeking help from a family law attorney can make the process smoother and ensure your obligations or rights are accurately addressed.

Death ends support but can complicate matters

When a spouse dies, spousal support usually stops automatically. However, the situation can get tricky if the deceased spouse had life insurance, retirement accounts or estate plans meant to provide ongoing support. For example, a life insurance policy might name the receiving spouse as a beneficiary. Disagreements can happen over whether those funds count as continued support. Similarly, if the surviving spouse expects money from the estate, conflicts with heirs or the executor could make access difficult. Keeping clear records of support agreements, insurance policies and estate details can make these situations easier to understand and avoid confusion.

Facing changes with clarity

Court-ordered marital support can shift in ways that affect your daily life and long-term plans. Remarriage or the death of a spouse does not just change payments — it can reshape household finances, family dynamics and expectations for the future. Recognizing these impacts helps you approach life’s transitions with perspective and confidence.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Can parents move out of Virginia with their kids after a divorce?]]> https://www.barnesfamilylaw.com/?p=52035 2026-02-17T08:52:36Z 2026-02-20T08:52:02Z Whose permission is necessary when a parent relocates? Parents who are subject to custody orders may need pre-approval from their co-parents before they move. Current state statutes require that parents provide advance notice at least 30 days before a potential move. They must give the other parent in the family an opportunity to respond. If the other parent agrees that the move is beneficial, the two can negotiate arrangements to continue to share custody. If the other parent does not support the relocation, then a hearing in family court may be necessary to resolve the disagreement. A judge can review the situation to determine if the move is likely to be beneficial for the children and what, if any, custody modifications are necessary to facilitate the relocation. Judges can decline to permit moves that they feel may not serve the children's best interests. A parent proposing a relocation must secure permission from the family court or their co-parent. Those who develop their legal case carefully have the best chances of securing consent for a relocation and a custody modification updating the terms of a shared custody order. Discussing a potential upcoming move with a family law attorney can help parents navigate the challenges of a shared custody relocation. Permission from a co-parent or the courts is typically necessary, especially if a move takes the children out of state or significantly increases the travel time between the parents' homes.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Is the ‘gray divorce’ trend finally ending?]]> https://www.barnesfamilylaw.com/?p=52034 2026-01-27T21:46:30Z 2026-01-27T21:46:30Z finally leveling off, the complexities of “untying the knot” for decades-long unions remain significant.

What caused the surge in the first place?

Several cultural factors drove the trend. The baby boomer generation experienced higher divorce rates in their youth, and statistics show that individuals in second or third marriages face a higher likelihood of dissolution. Several factors contributed to the rise:
  • Decreased social stigma surrounding the end of a long-term marriage
  • Increased financial independence among women giving them more autonomy
  • Longer life expectancies prompting spouses to seek fulfillment in their later years
These shifts changed how society views marital longevity. Many couples now prioritize individual well-being over staying in a bad marriage.

Analyzing the recent plateau in gray divorces

While the divorce rate for those aged 50 to 64 has stabilized since 2010, it has actually tripled for those 65 and older since 1990. As more people reach their 60s and 70s, the number of families affected by later-life dissolution is expected to grow by another one-third by 2030, driven by the aging population. Economic realities also play a major role. Splitting a household in retirement requires a careful look at several factors:
  • Property division: In Virginia, courts use "equitable distribution" to divide marital property fairly, though not always 50/50.
  • Retirement assets: Dividing complex pensions or 401(k)s often requires specialized court orders called QDROs.
  • Cost of living: Maintaining two separate residences on a fixed income can be a significant financial hurdle.
  • Separation requirements: Virginia requires a one-year separation period, though this may be reduced to six months if you have no minor children and a signed settlement agreement.
Careful planning is essential for anyone going through these changes. Your individual financial roadmap must be precise to ensure a comfortable future.

The importance of skilled legal guidance

Whether the rate is steadily climbing or leveling off, gray divorce remains a reality for many Virginia families. It is important to note that while state courts divide marital property, federal law governs Social Security benefits. You may be eligible for benefits based on your ex-spouse's earnings if you were married for at least 10 years and remain unmarried. Managing these legal and financial intricacies requires a detail-oriented approach. Working with an experienced divorce attorney helps ensure you not only protect your separate property (assets owned before marriage or received via third-party gift/inheritance) but also secure the hard-earned marital assets that rightfully belong to you.]]> On Behalf of Barnes & Diehl, P.C. <![CDATA[Are any debts excluded from property division in a divorce?]]> https://www.barnesfamilylaw.com/?p=52031 2026-01-16T10:31:36Z 2026-01-21T10:30:57Z The property division process during divorce addresses both assets and debts. Spouses must provide one another with thorough disclosures in court regarding their obligations and holdings. They then either work together to settle their disagreements or prepare to litigate.  Virginia has an equitable distribution statute in place. The law requires a fair and appropriate division of both property and debts. The financial obligations of the divorcing spouses can easily become a point of contention during divorce.  One spouse may have spent far more than the other or may even have hidden their financial conduct. Is it possible to exclude certain debts from the pool of marital property and obligations during a divorce? 

Misconduct can influence debt distribution

Generally speaking, debts owed prior to the marriage, such as the student loans of one spouse, remain the separate financial obligation of the spouse who brought the debt into the marital relationship. Most debts accrued during the marriage are subject to division if the spouses divorce, but not all debts are automatically part of the marital estate.  Occasionally, spouses may be able to exclude certain debts from the pool of marital financial obligations. In cases involving the dissipation of marital assets, debts taken on with the malicious intent of diminishing the marital estate may not be subject to division. If one spouse suddenly accrued thousands of dollars in frivolous credit card debt in the weeks before they filed for divorce, the courts may agree that the spouse who incurred those debts is solely responsible for repaying them.  The courts may employ a similar approach to debts related to adultery. If one spouse used a credit card to buy gifts, pay for hotel rooms or fund travel with an affair partner, evidence of that financial misconduct could convince the courts to set aside those debts when assigning responsibility for joint financial accounts.  Occasionally, scenarios involving long-term financial infidelity where one spouse opened hidden lines of credit and never revealed their debts to the other may also warrant a review by the courts. Those concerned about taking responsibility for a spouse’s debts may want to discuss their finances with a family law attorney. Learning more about the rules that apply during complex property division proceedings can help spouses protect themselves.]]>