- DivorceThese agreements are between spouses who decide to formally wish to live separate and apart with the intent to eventually divorce. The parties contractually agree upon a division of their marital property and other assets, custody of their children, child support, spousal support, pension and retirement plans, insurance coverage for spouse and children, tax planning and other important issues prior to and after divorce. This will usually lead to an uncontested divorce. The benefits of these agreements are sometimes immeasurable in that a mutual and voluntary agreement can lead to a more peaceful dissolution of the marriage and be less traumatic to the children of the relationship. Further, the costs of such proceeding are drastically less than that of a contested divorce. These agreements may be made into court orders pending the divorce.
- Child SupportChild support actions are purely statutory that take place in either: 1) civil actions in the juvenile domestic relations district court; 2) the enforcement of administrative orders pursuant to §§ 63.2-1900 et. seq. or orders entered by another state filed in Virginia, 3) a criminal petition for failure to provide support pursuant to § 20-61 in juvenile and domestic relations district court; 4) actions for support filed pursuant to the Uniform Interstate Family Support Act in the proper juvenile and domestic relations district court; 5) actions filed in circuit court for divorces; 6) petitions for modification or revision of circuit court or juvenile domestic relations district court orders; 7) enforcement of agreements entered by the parties and affirmed, ratified and incorporated in a decree of a circuit court; 8) enforcement of child support orders by the circuit court or by the juvenile and domestic relations district court where transferred by the circuit courts; or 9) administrative support orders entered by the Department of Social Services. Virginia law clearly establishes a duty for both parents to support their child during the child’s minority or until the statutory extension where a child is a full-time high school student, not self-supporting and living in the home of the parent seeking support until the child reaches the age of 19 or graduates from high school, whichever first occurs. This duty can also extend past this time where a child is severely and permanently disabled and unable to support themselves. Under Virginia law there is a “rebuttable presumption†in any judicial or administrative proceeding for child support be awarded based on statutory guidelines set forth in §20-108.2.
- Child Custody and VisitationNothing can more emotionally intense and have the potential for conflict, both present and future, than the issue of child custody and visitation. If parents are unable to come to an agreement, the court is bound to determine what is in the best interest of the child as set forth in §20-124.3. Also, under current societal trends areas of law such as the primacy of parental rights against grandparents or other parties of interest and relocation cases are quite common.
- Adoption
- Premarital AgreementPremarital, antenuptial, or prenuptial agreements are contracts utilized when prospective spouses’ desire to contract to set forth terms that may limit or relinquish certain marital rights in property and support they would otherwise have by reason of their marriage. Under Virginia law these agreements and their legality are guided by the Virginia, Uniformed Premarital Agreement Act.
- Spousal SupportIn Virginia a court has the absolute power to grant spousal support and maintenance, either in a suit for divorce or in a suit for alimony alone. This is a mutual duty recognized in statute for one spouse to support the other based upon the court’s consideration of specific stator criteria.
- Criminal DefenseFamily Law involves legal relationships between individuals as married couples, parent and child, as socio-political force and economic unit. The legal facets of these relationships involve vast areas of law such as the statutory regulation of marriage and divorce, equitable remedies, property and support rights, tort law, criminal law, and constitutional law. Marriage between individuals is more than a personal commitment to each other but its status is rooted on contract and established law and also becomes a statement of who we are as a society. Governments have considered this institution to be of the highest interest to society and the general welfare of the state. Our Supreme Court of the United States eloquently and powerfully described marriage and the government’s role “as creating the most important relation in life, as having more to do with the morals and civilization of a people than any other institution.†Maynard v. Hill, 125 U.S. 190, 205, 8 S.Ct. 723, 726, 31 L. Ed. 654 (1888).
- DUI/DWIDriving under the influence of alcohol (driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink-driving, impaired driving) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane, wheelchair, or tractor) after consuming alcohol or other drugs. It is a criminal offense
- Traffic ViolationsIt is usually a more serious offense than careless driving, improper driving, or driving without due care and attention and is often punishable by fines, imprisonment, and/or driver's license suspension or revocation.
- Corporate LawCorporate law (also "company" or "corporations" law) is the law of the most dominant kind of business enterprise in the modern world. Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another under the internal rules of the firm.
- Business Formation
- Business DisputesCommercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law.
- Business Transactions
- Workers CompensationApplying for Workers' Compensation Benefits in Virginia can seem daunting and you may not know where to begin.
- Employment LitigationWe provide a wide range of legal services to businesses. We work with you and your other business advisors to determine the best business entity for you, whether it be a corporation, a limited liability company or a partnership. Once that is determined, we will help structure the legal documents so that your primary goals with respect to the management, control, limitation of liability and taxation ARE MET. After those initial steps, we will help with the negotiation and preparation of contracts, employment issues, acquisitions, loan closings and the like.
- Real Estate LitigationReal estate is a legal term that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial and residential real property transactions.
- Real Estate TransactionsThank you for all of your hard work on our mutual client’s real estate transaction and ensuring that it closed on time. I appreciate you and the Ferguson Rawls & Raines team.
- Land Use and Zoning
- Property DamageA traffic collision ( motor vehicle collision, motor vehicle accident, car accident, or car crash ) is when a road vehicle collides with another vehicle, pedestrian, animal, road debris, or other geographical or architectural obstacle. Traffic collisions can result in injury, property damage, and death.
- Personal InjuryWhen you need a Suffolk personal injury lawyer, Ferguson Rawls, & Raines can help. Serving clients in the local community for over 65 years, the third generation of lawyers provides experienced, knowledgeable service for all personal injury and legal claims. Whether you need help with an accident, or need business or corporate care, the team at Ferguson Rawls & Raines will work hard to get you the best outcome for your case.
- Medical MalpracticeMedical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
- Auto Accidents
- Estate PlanningFerguson, Rawls & Raines, P.C., established in 1945, is a busy general practice law firm located in Suffolk. We are looking for an associate with 3+ years of experience in estate planning. Candidates must be Virginia licensed and have a desire to help us continue to build our busy estate planning and administration practice. Experience with Wealth Counsel is a plus as is experience in elder law and/or transactional work. This partner track is a unique opportunity to join an outstanding firm with a long history. We offer a competitive compensation package including a 401k with maximum match. Please send a letter of interest and resume with references via mail or email to Frank M. Rawls, 332 W. Constance Road, Suffolk, Virginia 23434 frawls@frrlaw.com.
- WillsAdvance health care directives, also known as living wills, advance directives, or advance decisions, are instructions given by individuals specifying what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or incapacity.
- Power of AttorneyA will, power of attorney, and advance medical directive are essential at every stage of your life. A will allows you to distribute your property as you chose, establish care and provide money for your children, and let your family and friends know your wishes upon your death. If you die without a will, the legislature directs who receives your property which may not reflect your desires.
- Probate
- Tax Law