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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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Holiday Custody and Visitation

By Katie Carter

At the root of most custody disputes is fear. The fear that you won’t be able to be the kind of parent you always wished you’d be. The fear that a court order, or a custody agreement, would prevent you from having the kind of relationship with and time with the child that you envisioned,…


Filled under: Child Custody
Tag with: breastfeeding | custody | divorce | holidays | nursing | SCHOOL AGED CHILDREN | social media | teenagers | toddler | visitation

Primary Physical Custody and Child Support

By Katie Carter

I’ve talked about custody every which way from Sunday, but often with more emphasis on shared physical custody than primary physical custody, even though moms almost always tell me, within minutes of our first meeting, that they want sole custody of their children. Failing that, of course, the next best thing is often primary physical…


Filled under: Child Custody
Tag with: ADDICTION | appeal | best interests of the child | CHILD ABUSE | child custody | child support | primary physical custody | sole custody | super dad

I slept with my husband — are we still separated?

By Katie Carter

There are a lot of divorce-related things that are difficult to discuss, but it’s important to hire an attorney with whom you can be honest. There are not a whole lot of things that feel worse than finding out – at trial or some other inopportune moment – that you don’t really know what’s going on…


Filled under: Divorce
Tag with: affidavit | divorce | divorce seminar | no fault divorce | one year | separation | separation under the same roof | sex | six months | uncontested divorce

What property in a divorce is marital?

By Katie Carter

In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time…


Filled under: Property Dispute
Tag with: DIVISION | house | hybrid property | inheritance | marital property | prenuptial agreement | property | real estate | separate property

Do I need grounds for divorce? What if I don’t have any?

By Katie Carter

Though I’ve only ever practiced family law in Virginia, I’m pretty sure that everywhere – Virginia included – requires grounds in order to finalize a divorce. In Virginia, those grounds can be either fault based or no fault based. Whether you choose to file on fault or no fault depends, of course, on the facts;…


Filled under: Divorce
Tag with: abandonment | adultery | buggery | contested | corroborating witness | cruelty | desertion | divorce | fault | felony conviction | grounds | no fault | pendente lite | sodomy | uncontested

Virginia Divorce by Affidavit

By Katie Carter

I found out, 9 years ago today, that I passed the bar. I’ll never forget the day. In that time, I’ve handled a LOT of divorces. A lot of uncontested divorces (LI), in particular. Contested divorces, too, but, in so many cases, even if we start out in court, eventually the parties end up able…


Filled under: Divorce
Tag with: affidavit | corroborating witness | divorce | do it yourself | final decree | hearing | ore tenus | separation | testimony | uncontested | virginia beach circuit court

50/50 Custody in Virginia

By Katie Carter

Custody and visitation are always major hot button issues in divorce and custody cases, especially because there are so few guarantees. The whole ‘best interests of the child’ standard means that there’s not a standard custody and visitation arrangement ordered; it’s a subjective, not an objective, process, which means that a variety of different arrangements…


Filled under: Child Custody
Tag with: 50/50 custody | custody | custody agreement | juvenile court | parenting time | primary physical custody | separation agreement | shared custody | split custody | virginia judge | visitation

Uncontested Virginia Divorce by Affidavit

By Katie Carter

I’ve been practicing family law for close to a decade now, and, even in that time, I’ve seen a lot of major changes to how we do things that (I think, anyway!) are really interesting. One of the biggest changes I’ve seen is that, instead of doing uncontested divorce hearings regularly, almost all of our…


Filled under: Divorce
Tag with: affidavit | complaint | corroborating witness | defendant | divorce | final decree | plaintiff | separation | separation agreement | service of process | uncontested | under the same roof | waiver

What is cohabitation? Am I cohabiting?

By Katie Carter

OCTOBER 28, 2020 BY KATIE CARTER Cohabitation is a key component of legal separation in Virginia. For a lot of reasons – chief among them being the fact that separation is a sort of loosey goosey concept here in Virginia – we get lots of questions about separation. When are you separated? Am I separated? Do we have to…


Filled under: Separation
Tag with: adultery | affidavit | cohabitation | FAULT BASED GROUNDS | immediate divorce | legal separation | litigation | Second Saturday | separation agreement | separation under the same roof | uncontested divorce

Should my child be in therapy during my custody case?

By Katie Carter

OCTOBER 26, 2020 BY KATIE CARTER   Contested cases are hard on everyone involved. I work with women, so my perspective is often that of the wife and mother. I actually rarely see children. It’s really not appropriate; for me to do my job, I have to have conversations with my client that could be harmful for…


Filled under: Child Custody
Tag with: abuse | BROKEN HOME | children | coparenting | custody | free books | litigation | mental health | parenting education seminar | PHYSICAL VIOLENCE | therapist | therapy | TOXIC MARRIAGE | virginia

Business Valuation and Divorce

By Katie Carter

I hesitate to use absolutes, because, in law, there are very few. We rarely say “never” or “always”; we often say “it depends”. But I’m pretty sure I can absolutely say that, if you or your husband own a business, your divorce is going to be more expensive than a divorce where we have two…


Filled under: Divorce
Tag with: BUSINESS | business valuation | DIVISION | divorce | expert | FAMILY BUSINESS | litigation | separation | SMALL BUSINESS

Revenge Porn, Nest Security Cameras, Adultery, and Divorce

By Katie Carter

Though divorce attorneys are no strangers to pretty salacious details coming out in lots of our cases (sorry, though, it’s all confidential!), every so often there’s a detail or a case that surprises even us. There’s a pretty shocking case pending before the Supreme Court right now that originated out of the Virginia Beach Circuit…


Filled under: Divorce
Tag with: adultery | custody | deposition | divorce | guardian ad litem | law | NAKED | nest | NUDE | SECURITY CAMERA | virginia

Addiction and Child Custody

By Katie Carter

Drug and alcohol addiction is a serious problem in our society. Many families have loved ones who struggle under their addictions for years and years at a time. Watching the recent presidential debate, where President Trump mentioned Senator Biden’s son, who was discharged from the military because of his struggle with addition. I’m not here…


Filled under: Child Custody
Tag with: ADDICTION | alcohol | best interests of the child | custody | custody book | custody seminar | drugs | MENTAL HEALTH PROFESSIONAL | PRESCRIPTION PILLS | rehab | sober | sobriety | supervised visitation | TREATMENT | visitation

Child Abuse and Virginia Custody Cases

By Katie Carter

Child abuse cases are seriously some of the most harrowing cases that family law practitioners have to deal with. To be honest, I can only imagine what it must feel like to have children in a position where you worry that, if your child’s father receives custody, they may be abused or mistreated in any…


Filled under: Child Custody
Tag with: CHILD ABUSE | COPARENTING RELATIONSHIP | court | custody | custody book | divorce | free report | litigation | mental health | mental illness | reunification | separation

Child Support and Shared Custody

By Katie Carter

Today, I’ve been practicing family law, representing women exclusively, for a little over 9 years. I’m inching ever closer towards a decade of dedicated, women only, divorce and custody practice. There are still new, novel issues that present themselves – I am told, from veterans like Lori Michaud and Sheera Herrell, that it is always this way, even…


Filled under: Child Support
Tag with: 529 | child custody | child support | college costs | FORMULA | guardian ad litem | material change | NURSING INFANT | PETITION TO MODIFY | primary physical custody | SCHOOL AGED CHILDREN | shared custody | support | teenagers | TRUST FUND | virginia

Parenting Capacity Evaluations in Virginia Child Custody Cases

By Katie Carter

In many types of cases, we can do a basic cost benefit analysis to determine whether something is worth pursuing in litigation. For financial assets, because they can be valued (even when “value” is a range, or there’s some kind of intrinsic sentimental value), that’s more or less easy to achieve. We can tell, at…


Filled under: Child Custody
Tag with: ADDICTION | ANGER MANAGEMENT | CHILD ABUSE | contested custody | custody | divorce | financial abuse | guardian ad litem | litigation | parenting capacity evaluation | substance abuse

What can I expect at a divorce seminar webinar?

By Katie Carter

As you may have recently heard, we’ve transitioned our thirty year old baby, Second Saturday: What Every Virginia Woman Needs to Know About Divorce, from a seminar to a webinar on Zoom. It was a change that was both made necessary by the pandemic and also just reality; people want to turn more and more to…


Filled under: Divorce
Tag with: attorney | divorce seminar | DIVORCE WEBINAR | fee waiver | legal advice | Second Saturday | What Every Virginia Woman Needs to Know About Divorce | ZOOM

Do Virginia Family Courts Get It Right?

By Katie Carter

Recently, on Facebook, as I mindlessly scrolled (come on, you know you do it, too) I saw a video that showed a child fighting a visitation exchange. The video alleged that the child was resisting going to spend time with her mother, because her mother’s boyfriend abused her. The end of it – the moral,…


Filled under: Divorce
Tag with: child custody | child support | custody | custody book | DAD | divorce | guardian ad litem | MOM | parental alienation | parenting capacity evaluation | physical abuse | separation | sexual abuse | therapist | virginia

Which family law attorney should I hire?

By Katie Carter

It’s probably safe to say that you don’t hire an attorney every day. And, when it comes down to it, it seems like kind of a scary thing to do. How do you know who you’re hiring, or what the experience will be like? Will you be just another name on a file on a…


Filled under: Divorce
Tag with: attorney | caitlin walters | custody book | divorce | divorce book | family law | girl's night out | lorna rhoades | seminar | webinar

What Does Best Interests Of The Child Mean?

By Katie Carter

You can’t get very far down the road in a custody and visitation case without coming up against “best interests of the child”. There’s a version of the best interests factors in almost every state (at least, as far as I’m aware), and these factors make up the basis of how custody and visitation cases…


Filled under: Child Custody | Child Support
Tag with: BEST INTERESTS | breastfeeding | child custody | child's preference | custody book | CUSTODY FACTORS | DADS WIN CUSTODY | MOMS LOSE CUSTODY | MOMS WIN CUSTODY | nursing | relocation | reunification
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Custody Petitions Filed by Non-Parents in Virginia

It happens a lot; a parent, for whatever reason, lets an aunt or a grandmother take over parenting their child…

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