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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By Katie Carter
Four Way Settlement Conference There’s not a lot of magic when it comes to being a divorce lawyer. I think that a lot of people think there is – magic words we put in agreements, or magic tactics we have to make the unmanageable somehow manageable. The truth is, though, that (although I wish there were), there’s nothing very magical about what we do. We’re fastidious; we’re meticulous – but we’re not magical. Since all we do is divorce, we have a ton of relevant experience when it comes to … [Read more...]
By Katie Carter
Adultery, Spousal Support, and Custody We talked Monday about adultery, and the difference between filing a divorce (which is a civil case) using adultery as your grounds and an actual criminal prosecution on adultery (which is a level IV misdemeanor in Virginia). The purpose of that article was to alleviate concerns I see around adultery cases. I received a call just the other day from a woman who was worrying about the potential impact to her career stemming from a divorce action that … [Read more...]
By Katie Carter
Will I be charged with adultery? So, as you probably already know (or you wouldn’t be reading this article), adultery is a crime in Virginia. It’s also grounds for divorce. But what happens if you file for divorce (or your husband files for divorce) and alleges adultery as the grounds? This is especially a concern for active duty military servicemembers, where adultery is expressly forbidden and could result in a dishonorable discharge at worst, or a whole host of other consequences – from … [Read more...]
By Katie Carter
Ignoring Your Lawyer’s Advice: Part One I get it. Lawyers tell you things sometimes that you just don’t want to hear. They give you advice and maybe, while you sat in your attorney’s office, you thought you were going to follow it. When you got home, though, other things confronted you, distracted you, and made it difficult for you to do what you had planned. An attorney’s advice, particularly in a divorce or custody case, can be wide-reaching. It can have to do with all sorts of other areas … [Read more...]
By Katie Carter
Virginia Woman's Guide to Spousal Support Part 3 Between part 1 and part two of this article, we’ve talked about a lot of things that can come up in spousal support cases, including recent changes to the law that impact both the modifiability of spousal support and the tax consequences associated with it. We’ve also discussed, pretty generally, how spousal support is awarded – either by an agreement between the parties, or ordered in court by a judge. But HOW does that happen, … [Read more...]
By Katie Carter
On Monday we talked about spousal support, including how it’s calculated, and what factors affect whether it’ll be awarded. Today, we’re going to go into even more detail, discussing adultery and it’s impact on spousal support, imputation of income, voluntary underemployment, modifiability, and tax consequences associated with support. For more information on these topics, let’s read on. How does adultery impact spousal support? Technically, under the law, if you’ve committed adultery, … [Read more...]
By Katie Carter
Virginia Woman’s Guide to Spousal Support: Part 1 I get it. Spousal support is complicated. And not just that, but keeping everything else in mind that will matter during the course of your divorce is complicated. It’s scary, when you don’t know what’s going to happen to you or your children, and your finances are sort of tenuous at best. If you’ve been either a stay at home mom, or a wife who has seriously cut back her employment for the benefit of the family, you’re not alone. And, maybe … [Read more...]
By Katie Carter
Ignoring your attorney's advice part 2 On Monday, we discussed common situations that we see in divorce and custody cases, and when a person’s decisions can have unintended consequences. Most people realize that, when you talk with a lawyer, they’ll give you advice. Most people don’t think beyond that word – advice – to the fact that what the attorney tells them may be something that they don’t really want to do, or something that would impact their personal life in a way that is … [Read more...]
By Katie Carter
A guide to child support for Virginia moms Part One Under Virginia law (well, under the law in every state, as far as I’m aware), both parents have an obligation to support their children. For many people, it’s a non issue – parents who are together tend to share expenses and mutually care for the children. For parents who are separated, divorced, or just plain old broken up, child support becomes a different issue entirely. In Virginia, child support is calculated by using guideline … [Read more...]
By Katie Carter
Can I represent myself in my custody case? Women ask me all the time whether they can represent themselves in their custody cases. I get it – attorneys are expensive. And probably fairly intimidating, especially if you don’t have much experience with the process. Technically, the answer is yes. You are allowed to represent yourself in a divorce or custody case (because, of course, custody can be either a standalone case or it can be part of a larger divorce action) in the courts in the … [Read more...]
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