What is an "Advanced Medical Directive"?

There are a number of documents that a Family should consider having when they are planning for the future. Among those documents is the Advanced Medical Directive. This is a document that outlines the wishes of the individual in terms of the kinds of services they wish to receive should they become incapacitated. It grants a family member the ability to make certain types of health decisions for them in the event of medical problems.

There are a number of reasons why you may want an AMD. An AMD is crucial in helping to manage the costs of medical services and informing family members of your wishes. It is important to have someone that can make hard decisions when you may be facing medical danger.

Another illustration of when an AMD may come into play is in considering long term care for a disability. These documents allow individuals to interact with hospital staff on these issues. Failure to plan for such issues may result in excessive medical bills, attorneys fees for court battles, and difficult dealings with hospital staff.

If you or a family member are considering future issues that may arise, this is one of the first things you should ask your attorney about.

What Court am I In? Basic Information on Virginia Courts.

 The Virginia Court System is a scary place. Especially when you are dealing with some of the busier areas like Fairfax, Arlington, or Alexandria. It is often hard to tell where you are supposed to be going or who you should be speaking with at the court house for your particular case. Fairfax Court is almost like the New York subway at some hours of the day in terms of the number of people moving around. That is why you need to know the basics of which court handles what, and where you should be focusing when you are handling divorce related issues.

     To begin, it is important to understand who the people are in the court house. Some of the titles you will hear include Judge, Clerk, Sheriff, Bailiff, Guardian ad Litem, and The Commonwealth. The Judge is the person that will be sitting at the bench during your case. The judge, in a divorce case, is primarily there to maintain order and make sure attorneys are following the rules. The clerk is probably your best friend in a divorce case. This is the person you will be speaking to if you need to file anything. Clerk's can offer fantastic guidance on where you should be going and who you should be talking to. Each type of court has their own clerk, and this should be your first stop at the court house.

     Divorce issues are primarily dealt with in two of the three courts in Virginia; Circuit Court and the Juvenile and Domestic Relations Court. Each court has their own judges and clerks. The Circuit Court handles the actual divorce itself; whether that is uncontested or contested. You generally file your divorce with the Circuit Court Clerk. Make sure you either have an attorney for this process, or are extremely familiar with the process beforehand.

     The Juvenile and Domestic Relations Court handles all issues related to minor children. Some issues that will appear before the JDR court include custody, visitation, support, and abuse and neglect. This is the court you will want to go to if you wish to change custody or visitation arrangements. The JDR court is what is called a court not of record. Everything the JDR court does is sealed. This is primarily to protect the interests of the child.

    Good luck navigating your local court, and always keep in mind your purpose for being there, and which of these two courts' clerks you should be speaking with.

Divorce and Debt Collectors

  This is the first in a series of blogs that will explain the interplay between Debt and Marriage. Some of the areas that will be addressed in this series include the effects of Bankruptcy, whether or not a Creditor can reach assets of the marriage, how debts are divided upon divorce, and other issues related to Debt. This post will address some of the basic information related to when a creditor may be able to reach the assets of a Spouse.

     First, you have to understand the difference between marital debt and separate debt. A debt that was incurred during the marriage is far more likely to be considered marital debt than debt incurred prior to the marriage. For debts that are incurred prior to the marriage, there must be some act after marriage that would turn the debts into marital debt. For instance; if you agree to co-sign or re-execute a financing agreement or mortgage with your new spouse. That could turn previously separate debt into marital debt.

     Even if a debt is considered to be marital, a creditor may or may not be able to pursue collections against you individually for the debts of your spouse. Generally speaking, if a debt is considered marital, the collector may attempt to recover against property that is considered marital, but not necessarily against property that is considered separate. Like debt, the nature of property depends on how and when it was acquired.

     For a creditor to collect against property that you had prior to marriage and is not considered marital, they must be able to go forward on some specific theories of recovery. One of those theories is known as the "doctrine of necessaries". If you and your Spouse were living together at the time the debt was incurred, and it was for a necessary reason like medical expenses, you may be on the hook for that debt. The creditor may well be able to reach property you had prior to marriage. For instance, if you had land gifted to you by your parents prior to marriage and the creditor can prove the doctrine of necessaries, they may be able to collect against your property.

     This is simply a brief overview of when a creditor may reach the assets of a spouse for the collection of a debt. The facts of your case may skew the results of this analysis. For more information, it is recommended you seek out a Consumer Protection attorney in your local area that can advise you on how to address debts that arise during marriage.

What Does a Court Case Look Like?

Pursuing your interest in Court can be extremely nerve racking. One of the reasons people have anxiety about Court is that they do not know how things work. Many arrive at court without knowing what the steps in the process are, or what is expected of them. This article will explain the basic steps of the average court case, and what you can expect from each stage. Please note, this is not a walkthrough, and you should not rely solely on this in pursuing your claim in Court. If you have legal questions, hire a local attorney.

     The first step in a Court Case is the filing of a claim. As previously discussed, there are a number of factors which determine where you should file. In Circuit Court, a case is typically initiated by filng a "Complaint". This Complaint details what your claim is all about. It lays out the facts which make up your claim and inform the Court why you are there. There are a number of requirements for having a validly drafted Complaint. In General District Court, a case is initiated by filing a Warrant. The specific type of Warrant you are looking for depends on the type of case. Landlord & Tenant disputes typically involve Unlawful Detainers or Tenant's Assertions. Getting your property back from unlawful possession involves Detine. Warrant in Debt is used to pursue contract claims. There are a number of options available. In Juvenile and Domestic Relations Court, a case is begun by Petition or Motion. There is additional paperwork which must accompany the Complaint.

     After a case is filed, there will need to be "service of process". This means that the opposing party must be informed of the proceedings. Typically speaking, most rely on Sheriffs to have papers served.

     The next step is getting an initial hearing before a Judge. In Juvenile and Domestic Relations and General District Court, you are given an initial return date when you file. At this date, further proceedings may be scheduled, or judgment granted depending on the nature of your claim. This is typically not the trial date. In Circuit Court, a case will sit on the docket until you ask the Judge to take specific action. There are a number of things a person can ask a Circuit Court to do; such as scheduling when things should be accomplished by, setting a hearing for judgment, etc.

     After the initial hearing, a trial date will be set. Prior to this trial date, there will be a process known as "discovery". Discovery is the process by which attorneys typically gain access to information necessary for trial. Attorneys are able to get people to turn over documentation, require people to come testify at Court, or to take depositions, which are basically interviews. The type of discovery best for your case depends on the type of evidence you need to proceed and win your case. There is no one size fits all method of discovery.

     Another process that takes place prior to trials is known as "motions practice". This is something Attorneys do to challenge the sufficiency of the process you have utilized. If there is a deficiency, it may cause your case to be dismissed, which could seriously harm your claim.

     At trial, both sides will be able to put on evidence. The Plaintiff typically goes first. The Plaintiff, or the person who filed suit, may call witnesses and ask them questions. After you are done asking them questions, the other side is allowed to do so. You keep calling questions and putting on evidence until you have run out. At this point, it is the Defendant's turn to put on testimony and evidence. Like the Defendant, you may cross examine and ask questions as well. Some questions are not allowed, and attorneys can object to those questions.

     At the end of the day, however, you should hire an attorney. Primarily because failure to follow the rules at any one of those stages may mean you lose your case. Consult a local attorney whenever you have a claim against someone.

How will my criminal case impact my custody case?

Criminal proceedings and Domestic Relations often go hand in hand. Many people incur criminal charges as part of the divorce process or during custody and visitation disputes. Jilted spouses are quick to run to the Magistrate, often filing bogus or mundane criminal charges out of spite. When you are facing criminal charges, this may impact the underlying custody or visitation cases.

     Some of the most common criminal charges that pop up in custody proceedings include; Assault and Battery, Drunk and Disorderly, Misuse of Telephonic Communications, and Larceny. When people are splitting up, things are often said or done which could potentially open them up to criminal liability. Most of these charges are misdemeanors. Many misdemeanors carry the possibility of jail time. Whether or not your charge carries potential jail time is determined by the severity of the offense. There are four levels of misdemeanors, with Class 1 being the most severe. 

     These criminal proceedings can be taken into consideration when dealing with custody and divorce proceedings. The reason for a breakup may impact distribution of property or division of debts. Additionally, some crimes may make one parent seem unfit to care for their child. It is important that you handle these matters immediately, prior to the Domestic Relations matters making it before the Court.

     In order to handle these proceedings, seek out a local Criminal Defense attorney to help you work out a deal with the Commonwealth Attorney. Some cases may be dismissed, others deferred, and even others may be reduced to a different charge. It is ultimately up to the Commonwealth Attorney to agree to these outcomes.

     Even if you handle these cases in advance, the other party can still talk about the things that were done in front of the Judge handling the Domestic Relations matters. That is why it is also important to have a Family Law attorney to help mitigate that damage.

     To summarize; if you are facing criminal proceedings that arose out of a Domestic Relations disputes, immediately seek out an attorney who can help you handle both areas of law. It is ideal that the criminal matters are taken care of in advance as to mitigate any potential impact they may have.