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Second Saturday Monthly Divorce Seminars What Women Need to Know About Divorce

Next Divorce Seminar Scheduled for Saturday March 13, 2010 at 8:30 am

02/17/2010

Blog Entries

Trading Spaces

07/30/2009

Governor Gibbons evidently made a mistake common among those who have finally decided to seek a divorce: he moved first and asked questions later. Many family law specialists warn against that.

While we’re on the subject of governors(see “Being Ugly in Public, posted on July 27, 2009), another who is in the midst of a difficult divorce is Nevada Governor Jim Gibbons, who filed for divorce in late April after abruptly moving out of the governor’s mansion in [...]

Being Ugly in Public

07/26/2009

That’s the thing about a contested divorce: it’s often ugly and it’s public. There’s no better example than the drama being played out between former New Jersey Governor James McGreevey and his estranged wife Dina Matos McGreevey.

An old friend who thought he was quite the wit (and sometimes was) used to say, “She can’t help being ugly, but she doesn’t have to go out in public.” That’s the th [...]

Child Custody

2/17/2010
Charlie Hofheimer
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How to Use Virginia Child Support Tables

Learn how to use Virginia child support tables in order to calculate the amount you are owed. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women. Contact us today to schedule a legal consultation – (757) 425-5200.

To order your free book-www.freedivorcebook.com
information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com

Labels: calculating child support Child support tables physical child custody

2/17/2010
Charlie Hofheimer
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Child Support Payments Affected by the Economy

The current economy has affected more than employment – child support has also taken a hit. If you have found yourself in a divorce situation, it may be necessary to hire an experienced Virginia divorce lawyer. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women. Contact us today to schedule a legal consultation - (757) 425-5200.

What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:

-- 20 guidelines for "separation under the same roof"

-- 13 critical factors used to determine spousal support

-- 3 types of property classification recognized by Virginia courts

-- 10 factors your judge must consider in a contested custody case

-- a formula to determine your percentage share of his retirement benefits

-- 38 Financial Records you should be aware of

-- 20 steps to prepare for divorce

-- 7 stages of divorce

-- 40 age-appropriate books about divorce for children

Get Your FREE Copy Today!

Labels: Child support child support calculation child support enforcement

2/16/2010
Charlie Hofheimer
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Child Support Recovery Act

There are several laws in place to recover Virginia child support from noncustodial parents, such as the Child Support Recovery Act. To learn more about Virginia child support enforcement, contact an experienced Virginia divorce lawyer. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women. Contact us today to set up a legal consultation – (757) 425-5200

Labels: Child support child support enforcement Child support recovery act

2/16/2010
Charlie Hofheimer
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Filing for a Child Support Increase in Virginia

Are you interested in filing for an increase in Virginia child support? If so, it may be necessary to hire an experienced Virginia divorce lawyer. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women. Contact us today to set up a legal consultation – (757) 425-5200.

Labels: Child support increasing child support payments

2/11/2010
Charlie Hofheimer
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What are the Benefits of Primary Physical Custody?

Primary physical custody—also known as sole physical custody—has a number of benefits for the child which should be carefully considered when determining the custodial arrangement during a Virginia divorce. The Virginia divorce lawyers at Hofheimer/Ferrebee exclusively represent Virginia women. Contact us today to schedule a legal consultation - (757) 425-5200.

Labels: Child Custody Divorce joint physical custody parental rights sole physical custody visitation rights

2/11/2010
Charlie Hofheimer
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What are the Challenges of Primary Physical Custody?

Primary physical custody can be beneficial for the child, but it can also present issues and challenges for parents and children. If you have found yourself in a divorce situation, it may be necessary to hire an experienced Virginia divorce lawyer. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women. Contact us today to schedule a legal consultation - (757) 425-5200.

Labels: Child Custody custody arrangements parental rights primary physical custody Virginia divorce visitation rights

2/11/2010
Kristen Hofheimer, Attorney
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Physical Custody and Legal Custody

Legal Custody and Physical custody of children in Virginia.

Labels: Child Custody legal custody physical custody virginia custody

2/10/2010
Kristen Hofheimer, Attorney
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Physical Custody of Children in Virginia

In Virginia, we have primary physical custody; we have shared physical custody and we have split physical custody. Primary physical custody is what most people are traditionally accustomed to and that's where the children live primarily with one parent and have visitation with the other parent. Visitation schedule might look something like every other weekend and some visitation time during the week and then split holidays and extra time during the summer. Shared physical custody is something where it's not necessarily a 50/50 split of the children's time but the children are time sharing more than they would under a traditional primary physical custody model and so there are different ways that parents agree or the court orders that they share their time with their children but it's something more than a traditional custody, visitation schedule. Split custody is when some children live with one parent and some children live with the other parent. Typically when you see split custody it's when the parents have got together and they've decided between the two of them that based on the children's relationships with each parent that it's better for their family for some children to live with one parent and some children to live with the other parent. Courts sometimes will order split custody but usually the courts like to keep brothers and sisters together, so typically when you see a split custody arrangement it's because that's what the family decided for themselves was best for their family.

Labels: children custody split custody virginia custody divorce

2/10/2010
Charlie Hofheimer
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Benefits of Joint Physical Custody

Virginia joint physical custody, or shared custody, can have a number of benefits for children of divorced parents. If you are considering pursuing joint physical custody, the advice of an experienced Virginia divorce attorney will be crucial. The Virginia divorce attorneys at Hofheimer/Ferrebee exclusively handle divorce for women only. Contact us today -- (757) 425-5200.

Labels: joint physical custody parental rights primary physical custody visitation rights

2/10/2010
Charlie Hofheimer
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The Challenges of Joint Physical Custody

While shared child custody can be an ideal arrangement for some families, it can present its own unique challenges. If you are considering joint physical custody, you need the advice of an experienced Virginia child custody attorney. The Virginia divorce attorneys at Hofheimer/Ferrebee exclusively handle divorce and child custody for women only. Contact us today -- (757) 425-5200.

Labels: child visitation joint physical custody parental rights primary physical custody

2/9/2010
Charlie Hofheimer
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What is the Difference Between Physical and Legal Custody?

If you are going through a divorce in Virginia, there are important things you should know about physical child custody vs. legal child custody. The Virginia divorce lawyers at Hofheimer/Ferrebee exclusively represent women filing for a Virginia divorce, contact us today (757) 425-5200.

Labels: divorce proceedings legal child custody parental rights physical child custody

2/9/2010
Charlie Hofheimer
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Virginia Resident Embroiled in Contentious Child Custody Case

As the Virginia child custody case between Lisa Miller and Janet Jenkins illustrates, child custody cases can be difficult to navigate. The Virginia divorce attorneys at Hofheimer/Ferrebee exclusively handle divorce for women only. Contact us today -- (757) 425-5200.

Labels: legal child custody parental rights physical child custody

2/5/2010
Charles Hofheimer
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Angela Shelton and her "Naked Singularity"

Protective Mothers in Custody cases must be like "Rebel Stars" avoiding having their lives sucked into the Black Hole of Family Court Litigation

Labels: battered women Custody protective moms

2/2/2010
Charles Hofheimer
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"The Yuck Factor"-Protective Moms,Custody and "Mainstream" Media Failures

The abject failure of mainstream media to properly report Family Court custody injustices allows predator fathers to continue to abuse their victims with legal impunity reports Professor Garland Waller.

Labels: Custody mainstream media protective moms social media

1/1/2010
Charles Hofheimer
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Join Hofheimer/Ferrebee Attorneys at The Battered Mothers Custody Conference in Albany NY, Jan 8th-10th 2010

How battered mothers can better protect their children in child custody cases.

Labels: battered child Custody Hofheimer mother protective

4/22/2009
Charles Hofheimer
Comments (4)

The Womens Custody Survival Handbook

Kristen Hofheimer's new book is currently being printed at the publisher. Be sure to check back soon for more information on how to get your copy. Take a sneak peak at the contents here: http://www.virginiadivorceattorney.com/library/Pages_from_womens_custody_book.pdf

Labels: Child Custody Custody educate Virginia Custody Laws What Women Need to Know About Divorce

4/6/2009
Mary Elizabeth Davis, Attorney
Comments (1)

Best Interest of the Minor Child (By Mary Elizabeth Davis)

Parents will need to develop a plan for how to share a child after a relationship ends or after a divorce. Most of the time, parents are able to decide how best to share time between the parents, and court intervention is not necessary. (An order may be entered by the court in these cases, but it is a consent order with terms decided by the parents.)

Parents need to understand the difference between physical custody (the schedule of how the child shares time with each parent) and legal custody (decision-making authority). Joint legal custody is the norm in Virginia. Parents must make important medical, religious and educational decisions together. Some cases where joint custody might not be appropriate would be where there has been physical or sexual abuse, where the parent has an ongoing substance abuse problem, or where a parent has very debilitating mental health problems.

With regard to physical custody, most commonly, courts will decide that one parent will be the primary custodial parent and the other parent will be the visiting parent. Judges attempt to find a schedule to ensure that the child will get to spend significant time with each parent and that the child's relationship with each parent will be encouraged. Unfortunately, judges may not know all of a family's particular preferences, for holidays and other traditions, and orders are not as specifically tailored as when the parties themselves make these important decisions.

Judges look at a host of factors in determining the proper placement for child custody. The formal factors are:

1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;

7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;

9. Any history of family abuse as that term is defined in § 16.1-228. If the court finds such a history, the court may disregard the factors in subdivision 6; and

10. Such other factors as the court deems necessary and proper to the determination.

Essentially, judges are looking to find the history of who has taken care of the child and how well each has cared for the child, how the child has bonded with each parent, whether other siblings are involved, which parent will be better able to care for the child, which parent has the better plan to care for the child, and which parent will be best able to support the child's relationship with the other parent.

Anything which might make a neighbor disapprove of your parenting will have an impact on the judge! Think of how you dress, speak, and carry yourself while in the courthouse, and while in the world. Think of how you treat your child and what impact your parenting will have on the judge. If there are things in your past which are negative, deal with them before court. If you have a substance abuse problem, seek treatment. If you have a poor job history, seek job stability. If you have moved seventeen times in the last six months, seek some permanency prior to filing for custody. Be the best parent you can be, not only to look good in court, but to help your child seek her brightest future.

Labels: Custody

1/10/2009
Charles Hofheimer
Comments (0)

How to Divorce and not wreck the Kids was subject of same name documentary last night !

Three Canadians got divorced last night on television in a one hour documentary (see clips at http://www.cbc.ca/documentaries/doczone/ ) The reason for their ever so public divorce ? They wanted to show us that they could separate without destroying their kids.

An astonishing statistic : Only 5% of couples actually sit down and discuss with their children their separation and what it means to their children. Even seasoned divorce and custody lawyers like me are surprised from time to time and the five percent number blew me away. I am told the 5% number is as true in Virginia as it is in Canada.

Knowing you would be in the 5% that sits down with your children, Tell your divorcing friends to do the same. Their children deserve to know about their future.

Labels: Child Custody collaborative divorce Custody Divorce Divorce lawyer

11/17/2008
Kristen Hofheimer, Attorney
Comments (0)

Therapy notes no longer protected in Virginia

Effective July 1, 2008 Virginia Code Section 20-124.3:1 has been repealed.

What this means is that your therapy records are no longer protected from coming into evidence in a custody case and that your therapist can be required to testify.

Likewise, your husbands therapy records are not protected and his therapist can also be required to testify.

Labels: Child Custody Therapist Records Virginia Custody Laws

11/17/2008
Kristen Hofheimer, Attorney
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Alec Baldwin uses excuse of scientifically discredited Parental Alienation Syndrome (PAS) on 20/20 interview with Diane Sawyer

On Friday, September 19, 2008, Alec Baldwin appeared on a 20/20 interview with Diane Sawyer to promote his book. Blaming his outrageous voice mail message to his daughter and his multi-million dollar divorce litigation on the scientifically discredited theory of "Parental Alienation Syndrome," Baldwin attempted to portray himself as a victim of former wife Kim Basinger, and as a victim of his daughter. Interviewer Diane Sawyer did not fall for Baldwin's self-portrayal as a victim, and asked Baldwin difficult questions, to which he attempted to object off-camera. Sawyer turned the camera
s back on and confronted Baldwin about his off-camera accusations that Sawyer was being biased against him. Both Baldwin and Sawyer alluded to Baldwin storming off several times during the interview. Baldwin was visibly agitated and sweating during the interview, and did not have a good answer for Sawyer's question to him about the impact on his daughter of Baldwin's book, and his vilification of Basinger in the book. Professor Joan Meier did an excellent job addressing the fact that Parental Alienation Syndrome is not accepted as a valid syndrome within the scientific community.

Labels: Alec Baldwin Child Custody Custody Diane Sawyer Divorce Joane Meier Kim Basinger Parental Alienation Syndrome Virginia Custody Laws

Collaborative Divorce

2/25/2010
Charlie Hofheimer
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Virginia Collaborative Divorce Guidelines

Have you and your husband decided to pursue a Virginia collaborative divorce? An attorney with experience in collaborative divorce can guide you through the process. The Virginia divorce lawyers at Hofheimer/Ferrebee represent Virginia women in traditional and collaborative divorce proceedings.

Labels: collaborative divorce filing for divorce

2/25/2010
Charlie Hofheimer
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What Is a Collaborative Divorce Coach?

Collaborative divorce coaches can help you cope with your emotions and improve communicate during this emotional time. If you have found yourself in a divorce situation, the Virginia divorce lawyers at Hofheimer/Ferrebee can help you to decide if a Virginia collaborative divorce is your best option. Our attorneys represent Virginia women.

Labels: collaborative divorce divorce coach filing for divorce

2/24/2010
Charlie Hofheimer
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Choosing a Virginia Collaborative Divorce Attorney

Are you looking for an experienced Virginia attorney to represent you in a collaborative divorce? The Virginia Beach divorce lawyers at Hofheimer/Ferrebee represent women only. Contact us today to set up a legal consultation - (757) 425-5200.

Labels: choosing a divorce attorney collaborative divorce filing for divorce

2/24/2010
Charlie Hofheimer
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Differences between Divorce Mediation and Collaborative Divorce

Are you trying to decide if divorce mediation or collaborative divorce is right for you? The Virginia Beach divorce lawyers at Hofheimer/Ferrebee represent women only. Contact us today to set up a legal consultation - (757) 425-5200.

Labels: collaborative divorce divorce mediation filing for divorce

12/22/2008
Charles Hofheimer
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New Collaborative Divorce Website Launched

Be sure to visit our new website:
www.CollaborativeDivorceLaw.com

Starting in 1990, Stu Webb and a group of professionals in Minnesota decided that families were so harmed by divorce litigation, they created a new process where families would have minimum contact with the court. Today, with the help of legal, financial and mental health professionals, families now have the option of inteligently working through their divorce peacefully. The advantage of collaboration over all other forms of divorce is the ability of each spouse to have professional guidance as the negotiation process is occuring and each spouse knowing that the process is fully transparent. There are no secrets or hidden agendas.

To learn more about collaborative divorce visit:
www.VirginiaCollaborativeDivorceAttorney.com

Labels: collaborative divorce collaborative law