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Divorce & Custody Law Library

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On the page below you can find links to documents, reports, publications and discussions provided by Hofheimer Family Law Firm.

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What is a right of first refusal?

By Katie Carter

We encourage our clients to think of their separation agreements as their own document. Though we have a form agreement that we base all of our agreements off of, there’s often a fair amount of customization that takes place. That’s the most ideal scenario. We take a document that we know already has some of…


Filled under: Uncategorized
Tag with: ADDICTION | child support | coparenting | custody and visitation | divorce | mental illness | right of first refusal | separation agreement | shared custody | unrelated overnight guests

Should I waive spousal support?

By Katie Carter

  I like to say that, when it comes to divorce and custody cases, there aren’t a lot of rules. I mean, there are some rules – after all, we have to follow the Code of Virginia – but what I mean is that, when it comes down to determining what’s right and wrong for…


Filled under: Uncategorized
Tag with: child support | coparenting | marital home | retirement | spousal support | terminating factors | waiver

Virginia Joint Legal Custody and School Enrollment

By Katie Carter

  As if divorce (or a breakup) weren’t crazy enough, when you add children into the mix, things can really get overwhelming. For most – if not all – moms, their biggest concern when it comes to a separation, divorce, or breakup is what will happen to the kids. A lot of moms tell me,…


Filled under: Uncategorized
Tag with: 50/50 | BEST INTERESTS | child support | coparenting | custody and visitation | joint legal custody | parenting plan | school enrollment

Supervised Visitation in Virginia

By Katie Carter

  Moms and dads often don’t parent the same. Sometimes, that’s a problem, and other times it’s not. It can be just a fact of life; a reflection of the difference in two coparents different backgrounds, perspectives, and world views. It can, actually, be a good thing when two parents are different, because it gives…


Filled under: Uncategorized
Tag with: alcohol addiction | best interests of the child | coparenting | criminal history | custody and visitation | drug addiction | guardian ad litem | mental illness | parenting time | separation | supervised visitation

Instead of spousal support, can he cover the mortgage?

By Katie Carter

Spousal support is one of the trickier areas of law. For one thing, husbands don’t want to pay it. A few years back, the law was changed so that spousal support is no longer tax deductible. Though that sounds like a good thing – who doesn’t love money that the IRS isn’t counting towards your…


Filled under: Uncategorized
Tag with: divorce | equitable distribution | marital property | mortgage | mortgage interest deduction | refinance | retirement | separation | spousal support

Help! My soon-to-be ex gave me an STD!

By Katie Carter

  It’s important to hire a Virginia family law attorney with whom you can be completely truthful in your conversations because, all too often, we touch on issues that are embarrassing or uncomfortable. Among those things, in some cases, is the fact that a husband can pass an STD/STI on to his partner. This can…


Filled under: Uncategorized
Tag with: adultery | cheating | fault based divorce | immediate divorce | infidelity | spousal support | STD | STI | virginia

Avoiding a Messy Virginia Divorce

By Katie Carter

  In a divorce, a lot comes down to the decisions that you make at the beginning of the process. I feel like I say this a lot, but I say it because it’s true. There is almost always a tense, emotional, complicated time between when you decide to formally separate and end your marriage,…


Filled under: Uncategorized
Tag with: amicable | anxious divorce | divorce | family law | final divorce decree | healthy divorce | lawyer | messy | productive divorce | social media | therapist | virginia divorce attorney

Are we legally separated?

By Katie Carter

  A lot of people have questions about legal separation, what it means, and when it actually begins. Oh, and also – why does it even matter? Being separated is important, because for most grounds for divorce (except for adultery, which technically qualifies you for an ‘immediate divorce’ – but don’t get excited, it won’t…


Filled under: Uncategorized
Tag with: abandonment | adultery | apprehension of bodily hurt | cohabitation | cruelty | desertion | fault based divorce | felony conviction | legal separation | marriage counseling | separation under the same roof

Dealing with in laws after divorce

By Katie Carter

  Like entirely too many things in life, there’s no rule book for how to handle certain things after divorce. Before I go too far, allow me to say one thing. Actually, I’m going to give it a header tag, so that it’s bigger than the rest of the text, and so that it really…


Filled under: Uncategorized
Tag with: agreement | alcohol test | alcoholism | child's father | court order | custody and visitation | divorce | drug and alcohol abuse | drug test | family | in laws | MIL | mother in law | overnight guests | parenting time | right of first refusal | separation | unrelated overnight guests

I’m getting a divorce – what next?

By Katie Carter

  There’s are very few things quite as disquieting as realizing – or being told – that your marriage is over. Contemplating a divorce is no easy feat; it never is, not for anyone. There’s a period in time, before anything is anywhere near finalized, where everyone feels on edge. If you’re living separate under…


Filled under: Uncategorized
Tag with: custody and visitation | dividing retirement | divorce | divorce book | divorce seminar | free book | goals | happily ever after | legal separation | marital home | marital residence | separation | separation under the same roof

“Representing women only in divorce is discrimination!”

By Katie Carter

  Even though it says all over our website that we only represent women in divorce, custody, and support cases, we get quite a few live chats and phone calls from men looking for family law attorneys. We sometimes even get women who complain, either on our social media channels, in live chat messages, or…


Filled under: Uncategorized
Tag with: custody | custody lawyer | discrimination | divorce | divorce lawyer | family law | free books | free reports | law firm | lawyers | men only | separation | sexist | support | women only

How to hire the right family law attorney for you

By Katie Carter

  What’s right for one person isn’t necessarily the perfect fit for someone else. That goes with shoes – just ask Cinderella – and it also goes for divorce attorneys. I mean, really, I think the same is true across many different things in life, but I do think it’s particularly true when it comes…


Filled under: Uncategorized
Tag with: attorney | custody | divorce | family law | hire | lawyer | virginia | visitation

What is split physical custody?

By Katie Carter

If you’re a millennial like me, and you’ve given it any thought at all, you’ll probably agree that Nick Parker and Elizabeth James, from the Lindsay Lohan version of The Parent Trap are among the worst parents in the history of the world. I love Dennis Quaid, I really do, and little Lindsay Lohan is…


Filled under: Uncategorized
Tag with: child support | coparenting | coparents | custody | lindsay lohan | primary physical custody | shared physical custody | split physical custody | the parent trap | twins | virginia | visitation

What happens when I meet with a Va divorce lawyer?

By Katie Carter

  Maybe I’m wrong – and feel free to correct me if I am – but I think that a lot of people are intimidated to talk to a lawyer. To have a real life lawyer sitting across a desk from you, listening to the details of your case, asking questions, and making judgments is…


Filled under: Uncategorized
Tag with:

Reunification and Child Custody in Virginia

By Katie Carter

It happens more often than you might think that a parent goes missing for a period of time – often, a couple of years or more. When they resurface, though, and want to spend time with their child, a lot of things can happen. For the mom, who has been there day and in day…


Filled under: Uncategorized
Tag with:

Dignity in Divorce

By Katie Carter

There’s a lot of dignity in divorce. Or, at least, there can be. It probably goes without saying that I think about divorce a lot. I think about it at work, of course, and in all the ways that I deal with my clients. I think about it a fair bit in my own personal…


Filled under: Uncategorized
Tag with:

I’m afraid my husband will fight for custody. Should I just stay?

By Katie Carter

  Fear is a big reason that it takes a lot of women a long time to work up the courage to even begin to gather information about divorce. I constantly hear how scary it is to even start to learn about the process, because it’s the first step towards acknowledging that a divorce –…


Filled under: Uncategorized
Tag with:

Does anyone offer a free consultation for divorce in Virginia Beach?

By Katie Carter

  Everyone wants a free consultation – or, at least, they think they do. My experience, though, is that, in general, you get what you pay for. Family law attorneys, at least the reputable ones I know of in Hampton Roads, don’t generally offer free consultations. Why? For a lot of reasons, but, first and…


Filled under: Uncategorized
Tag with:

Exclusive Possession of the Home in Virginia

By Katie Carter

  Having exclusive possession of the home – the marital residence – is a big deal for a lot of women facing divorce and custody cases. Many couples ultimately decide to live separate under the same roof for their period of legal separation up until their divorce, but, for others, that may seem like a…


Filled under: Uncategorized
Tag with:

Can I get a Virginia divorce for less than $1,000?

By Katie Carter

One of the first questions we normally get in a divorce case is, “how much will it cost?” While it’s generally impossible to provide a ballpark estimate that satisfies a potential client, there are some generalizations we can make. On a phone call the other day, we were asked whether a divorce would cost more…


Filled under: Uncategorized
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FROM OUR BLOG LIBRARY:

What is a right of first refusal?

We encourage our clients to think of their separation agreements as their own document. Though we have a form agreement…

Read More
Should I waive spousal support?

  I like to say that, when it comes to divorce and custody cases, there aren’t a lot of rules….

Read More
Virginia Joint Legal Custody and School Enrollment

  As if divorce (or a breakup) weren’t crazy enough, when you add children into the mix, things can really…

Read More

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