Divorce & Custody Law Library
On the page below you can find links to documents, reports, publications and discussions provided by Hofheimer Family Law Firm.
The documents below are available to the public to gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.
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What makes a good separation agreement?
It’s the million dollar question, and it’s a hard one to answer because, frankly, what makes a good separation agreement is something that is completely and entirely subjective. Though you may have two women who’d answer the question the same – like, for example, that they just want it to be over, or they just…
Filled under: Uncategorized Tag with: collaborative divorce | custody | custody and visitation | divorce | divorce books | divorce seminar | equitable distribution | judicial settlement conference | litigation | mediation | parenting time | pleadings | separation | separation agreement | settlement conference | spousal support
Separate, Reconcile, or Divorce?
Relationships are complicated. I’m sure you already know that. But it does bear mentioning, in any case, because it gets to the root of what we do here. Sometimes, it seems as though it doesn’t make any sense, least of all to us, who know one party only a little and the other not at…
Filled under: Uncategorized Tag with: ADDICTION | adultery | alcohol | custody | divorce | divorce attorney | divorce process | divorce seminar | domestic violence | drugs | free divorce book | infidelity | lawyer | reconciliation | relocation | separation | trauma
Do I need a Virginia family law attorney if…
It’s probably no secret to you that an attorney isn’t necessary in absolutely every case ever. In some cases, there’s really no need to hire an attorney – as I was reminded yesterday in a conversation that I had with a really sweet prospective client. The thing is, though, that it’s really hard to…
Filled under: Uncategorized Tag with: custody | debt | divorce | house | material change in circumstances | retirement | separation
Can I record a conversation in Virginia?
When tensions start to escalate, and it looks like you might be headed towards a divorce or custody case, it’s tempting to want to use whatever methods are available to you to gather the evidence you might need – up to and including recording conversations. But what’s legal varies pretty dramatically from state to state,…
Filled under: Uncategorized Tag with: admissible | court | custody | divorce | domestic violence | evidence | hearing | judge | phone recording | protective order | recording a conversation | separation | trial | video recording | visitation exchange
Credit Card Debt and Virginia Divorce
Debt is challenging under the best of circumstances, but when you’re considering a legal separation or a divorce, it can be a particularly challenging extra layer of complication. On its face, dividing debt is the same as dividing assets – in most cases, we look to the source of the debt, classify it as…
Filled under: Uncategorized Tag with: credit card | debt | DIVISION | divorce | equitable distribution | hybrid | marital | separate
What is manifest injustice in Virginia spousal support?
In the law, we like to use terms that other people don’t understand. “Manifest injustice,” “best interests of the child,” “continued cohabitation in a relationship analogous to marriage,” “material change of circumstances,” on and on, ad nauseum. Oh, right – and the Latin! Pendente lite, habeas corpus, pro bono, a mensa et thoro, ad litem,…
Filled under: Uncategorized Tag with: adultery | divorce | grounds for divorce | manifest injustice | spousal support
September Girl’s Night Out at Ocean View Fishing Pier!
We really did have the best of intentions. After 2.5+ years of living in a pandemic, we tried to schedule our first Girl’s Night Out at the Ocean View Fishing Pier’s top deck in August. We planned it. We had the food ordered. The venue set. We were thinking happy thoughts about orange crushes and…
Filled under: Uncategorized Tag with: girl's night out | Hofheimer Family Law | ocean view fishing pier | orange crush | top deck | vip page
When your child’s dad is a deadbeat in Virginia
It’s probably not what you envisioned when you thought about what life would be like as an adult. The marriage, the home, the 2.5 kids, the golden retriever… but, then again, so many things are different than what we envisioned, and that doesn’t necessarily make them any less wonderful (or, conversely, make them less…
Filled under: Uncategorized Tag with: actual harm | best interests of the child | child support | coparenting | custody | deadbeat dad | first right of refusal | grandma | right of first refusal | visitation
Mental Illness, Suicide, Divorce – and Self Help
One of the things that I find the most interesting about suicide, and the people who either commit it or don’t, is that it’s often a question of opportunity. For someone like, say, Sylvia Plath, who died of carbon monoxide poisoning after sticking her head in the oven, it was an opportunity. In that time,…
Filled under: Uncategorized Tag with: 988 | anxiety | custody | depression | divorce | mental illness | suicide | therapist
New Monthly Divorce Seminar Opportunity for September
For the past 30+ years, we’ve offered our monthly divorce seminars on the Second Saturday of the month. For a long time, we even called them ‘Second Saturday,’ because that’s when they were offered. Even after we added a Third Tuesday evening seminar, we still called them ‘Second Saturday’ seminars. I think one of the…
Filled under: Uncategorized Tag with:
Divorce and Suicide
There are just some conversations that are difficult to have, and this one is a good example. I talk about divorce every single day, and, somehow, that never really gets to me. I have a fundamental belief that there’s no reason to stay in an unsuccessful, unhappy, unfulfilling, and/or abusive marriage. That, for me,…
Filled under: Uncategorized Tag with: contested divorce | divorce | homelessness | mental illness | narcissist | separation | separation agreement | suicide | therapist
Pregnant and Expecting – a Virginia Divorce
Pregnancy can be wonderful, but it can also be really challenging – especially if you’re also starting to think that your marriage may not last past (or even up until) the birth. Expecting women are particularly vulnerable, especially if you’re currently unemployed, because childbirth is both personally and professionally complicated. Not only that, but caring…
Filled under: Uncategorized Tag with: breastfeeding | child support | custody | custody agreement | divorce | expecting | material change in circumstances | nursing | pregnancy | relocation | separation agreement | virginia | visitation
What is a Gray Divorce?
A “Gray Divorce” is the term that is used nowadays to describe divorces where the parties are over the age of 50. You may not prefer the term – because, hey, JLo is over 50, and she’s TOTALLY not gray – but the reality is that we often lump these types of cases together…
Filled under: Uncategorized Tag with: adult children | collaborative divorce | divorce | empty nest | empty nesters | equitable distribution | gray divorce | home | litigation | marital residence | over 50 | real estate | retirement | separation agreement | spousal support
Why don’t you just divorce him?
I’ve been guilty of it, too, in the past. I’ve asked a friend, who confided in me about the misery involved in her relationship, why she stays. Why she doesn’t just go, because doesn’t she know she deserves better? These days, I try not to. Because I know it won’t help. Because I know…
Filled under: Uncategorized Tag with: child support | custody | divorce | divorce seminar | free book | mental illness | monthly divorce seminar | narcissism | narcissist | protective order | real estate | retirement | seminar | separation | spousal support | substance abuse | virginia | visitation
Negative and Positive Monetary and Non Monetary Contributions
In Equitable Distribution, the legal process through which we divide the assets and liabilities of a marriage between the parties, the court doesn’t automatically assume a 50/50 split. This is different than states that follow a Community Property model of division. In equitable distribution (or ED, as we sometimes call it), it’s almost like…
Filled under: Uncategorized Tag with: attorney | divorce | equitable distribution | husband | lawyer | negative monetary | negative non monetary | positive monetary | positive non monetary | property division | real estate | separation | spousal support | virginia | wife
Nesting in Virginia Child Custody Arrangements
I’m going to be completely honest: I’ve never actually worked on a case where a nesting arrangement has worked. There, I said it. The elephant in the room has been addressed. But, that being said, I do still have a lot of people ask me about nesting and other living arrangements in custody and visitation…
Filled under: Uncategorized Tag with: 50/50 | best interests of the child | custody and visitation | material change in circumstances | modifiability | nesting | primary physical custody | shared custody | split custody
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