Important Matters

 

 

OTHER IMPORTANT MATTERS

Aggressive Representation to Resolve All Issues in Your Favor

 

SEPARATION AND PREMARITAL AGREEMENTS

 

  Separation Agreements

 

In Virginia there is no court proceeding or a court order called “legal separation” of a married couple.  Separation starts when the parties move into separate residences, or into separate floors or rooms in the same residence, without living as husband and wife.

 

Property and separation agreement are legal contracts which may provide for the terms of child custody and visitation, child support, alimony, division of property, division of money in saving and checking accounts, division of retirement benefits, and any other issues that may be arising out of you marriage.   If you and your spouse can agree to the terms of all or some of the issues involved with your separation, then you should consider entering into a property and separation agreement.  Such agreement will eliminate a long and possibly protracted litigation, and will make the divorce relatively inexpensive.  The agreement will be made a part of the divorce decree and will be as enforceable and valid as if a judge had decided all the issues associated with your divorce.   

 

It you have separated or are contemplating separation from your spouse, it is advisable to contact Mr. Kavrukov for the purpose of drafting property and separation agreement. 

 

  Premarital Agreements

 

Premarital agreements also known as prenuptial agreement have become more common recently.  The purpose of such an agreement is to protect assets brought into the marriage in the event of a divorce, one or both parties have grown children and the parties desire to safeguard inheritance and gifts for the children, division of property in the event of a divorce, whether there would be spousal support or the amount of such support, and a myriad of other issues to which the parties may agree. 

Premarital agreements are not necessary in every situation, but if you will feel more comfortable, have substantial assets, children from prior marriage, a premarital agreement can clarify matters, and avoid difficulties or confusion in the event of a divorce.

 

If you are planning to get married, and want to discuss how a premarital agreement can protect you in the event of divorce, contact Ted Kavrukov.  He has extensive experience drafting and devising enforceable agreements.  He will provide you with advise and legal representation in the event you are contemplating a premarital agreement.    

 

MODIFICATION AND ENFORCEMENT OF COURT ORDERS

 

After a divorce decree or an order has been signed by a judge it may be possible to change custody, visitation, child support, or other aspects of the original order, but there must be a significant change of circumstances from the prior proceeding.  Changed circumstances may be a myriad of life changes or life styles of the parties, such as relocation of a parent, substantial increase or decrease in income, remarriage, abuse or neglect by a parent, change in medical or mental condition of a child or a parent, retirement of the paying party, one of the children becoming of age, or other circumstances.

 

Spousal support awarded by a judge after a hearing in court may be subject to modification later, but spousal support agreed upon in settlement agreement may not be changed later, even if there are changed circumstances, unless the settlement agreement provided that there may be modifications.

 

ADOPTIONS BY A RELATIVE OR STEP PARENT

 

Adoption is a judicial proceeding that makes a person who is not the biological parent of a child, the parent of that child with all rights and responsibilities of a natural parent.

 

Relative adoption is an adoption in which the adoptive parent is related to the child such as aunt, uncle, brother, sister, grandparent.  Such adoption usually occurs when the child may have been abandoned by his parents, the parents have died, the parents can no longer support the child, or the parents have abused the child.

 

Step parent adoption is an adoption by the parent’s new spouse of the child that the parent had from a previous relationship.  In order for the step parent to adopt a child, the consent of the biological parent must be obtained.  In may instances the biological parent may have a little contact with the child and is willing to sign a consent.  In other situations the biological spouse cannot be found, but adoption can still take place.  Even if the birth parent does not consent to the step parent adoption, a Virginia judge can still grant a step parent adoption if he determines that consent is withheld contrary to the best interests of the child. 

 

Mr. Kavrukov has worked with step parents and relatives of children to successfully accomplish adoptions.  He is knowledgeable in the process of step parents and relatives adoptions. 

 

 
 

 

 

 

 

 
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