From the law office of 
Paul Buckwalter
13509 East Boundary Road, Ste E
Midlothian Va 23112
804/744-8744
​Pointers on the Law
          QUESTIONS ABOUT DIVORCE.
If you commit adultery do you automatically lose custody of the children?
 
No. Custody is awarded based upon the "best interests" of the child  The Courts encourage abundant visitation with children seeing both parents as much as is reasonable.
 
If I cause the divorce do I pay more child support?
No. Support is based upon gross earnings. Statutory guidelines are consulted. 
 
Will our property be divided 50:50 in Virginia?
Not automatically. Marital property divided through Equitable distribution based on numerous factors. Contributions (monetary and non-monetary) that each of you made, the duration of the marriage, and other factors.
 
Property in just my name is protected right?
No. A "marital asset" can still be assessed and a distribution ordered no matter whose name the assets are listed in. While a Court will not transfer it to the other spouse the judge could calculate your spouse's marital share and order you to pay it or order it sold to satisfy the obligation.

What if we are not married and have kids, bank accounts and vehicles in both names?
You may have problems. Unmarried couples do not fall under the broad divorce laws. Your property disputes are more difficult for the courts. You need evidence of what you both agreed to when you moved in together.
 
Courts can rule on child custody, support, visitation and other things in the Juvenile and domestic relations court. 
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WHO GETS THE DOG OR CAT?
Your pet is considered property. The judge has broad powers to distribute jointly owned property but, like we mention above, if the pet ownership is just in one name, the Judge can only award the dog to that owner. If in both names, the judge can award it to either of you. You need to reach an agreement.
 
A “DANGEROUS BREED”OF DOG
Homeowner or renter policies may exclude coverage  if your dog has previously attacked, or injured a person or companion animal. They man not withhold coverage based on the “breed” of your dog. Section 3.2-6540 defines “dangerous dog” and  “vicious dog.” Your dog is neither “dangerous” nor “vicious” simply because of its breed.
 
WHAT TO DO WITH AN INJURED DEER?
You may not give it aid or treatment. Nor can you capture, possess, deliver or transport it, or any other wild animal, except as specifically permitted by law. Even if you just intend to help it. You must call authorities. Va. Code § 29.1-521
                     AVOIDING  PROBATE.
Probate is when an executor steps into the shoes of the deceased, gathers assets, pays bills and distributes what remains to the heirs. There are required filing and fees so many wish to avoid probate if they can.
 
Couples intent on leaving everything to their spouse, may avoid probate using jointly held property.
 
Jointly owned real estate with the right of survivorship transfers automatically on your death.
 
Bank Accounts and Autos  put in both names or labeled “payable on death” also transfer.
 
Anything with a beneficiary, like a 401K or life insurance policy, has proceeds going directly to the beneficiary. Remember to change beneficiaries if you divorce or a named beneficiary dies.

                     Transfer on Death Deed.
Virginia allows you to file a Transfer on Death Deed conveying your property to someone effective only after you die. It is still your property and you retain 100% interest while you are alive. You can control the real estate, sell it, refinance it or do anything else as an owner. In fact, you can change your mind and revoke or modify the Transfer Deed at any time.  An excellent tool for some people seeking to avoid probate 
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                                     *****
           LLCS LIMIT PERSONAL LIABILITY
A Limited Liability Company has income and deductions flow through to members with no personal liability for obligations of the company.
 
This is different from a partnership. Even in a limited partnership if you manage it you could be held personally liable for the partnership’s obligations. With your LLC,  No member, manager, organizer or agent has personal liability unless….   
 - You personally guarantee a contract.
- You do something negligent or wrongful (a Tort) even if it is part of your corporate/LLC duties.
- You wrongfully distribute LLC money; fail to fulfill your LLC operating agreement obligations; fail to comply with federal or state tax laws or violate environmental or securities laws.
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          Call to schedule a consultation
                     804-744-8744     
The Law Office of 
PAUL BUCKWALTER 
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian, VA 23112
804/744-8744
paultb@paulbuckwalter.com
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The information contained herein is intended to entertain and inform on general principals of the law. It is not a substitute for personal legal advise. If you have a legal problem you should seek the advise of counsel.
Published by Paul T. Buckwalter - All Rights Reserved