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Virginia Family, Consumer and Criminal Law Blog

When a wedding is called off, who keeps the ring?

  • 17
  • May
    2013

Virginia residents who have called off a wedding at some point may have dealt with the sticky issue of who keeps the engagement ring. Some people might think that even if a wedding is canceled, the ring-receiver should keep the ring because it was a gift. Others say the giver should get the ring back because he or she purchased it. Another argument might be that whoever pulled the plug should allow the other party to have the ring. And what about when a couple does go through with the wedding, but then files for divorce? Who gets to keep the wedding rings after divorce?

These are complicated family law questions that many people feel strongly about because, for one thing, engagement rings tend to be expensive, and for another, they typically have quite a bit of sentiment attached to them. In a case that was filed late last month in New York, a man is actually suing his former fiancée in an attempt to get her to turn over the ring.

Confronting issues in divorce cases

  • 01
  • May
    2013

Clients are always overwhelmed as they contemplate a divorce. After all, divorce affects the most important aspects of the person's life. Most importantly it affects their children, their homes, their money and all of the relationships they have established during the marriage. When a client seeks out a divorce attorney they need guidance and the assurance that the attorney will guide them through the quagmire. The attorney should try to demystify the process by explaining the issues which need to be decided before a final order of divorce can be entered by the court.

What are the issues to be resolved? 

Man leaves $40 million estate behind, no will

  • 30
  • April
    2013

Many Fairfax County residents are wise to ensure that they have a detailed and intentional estate plan in place. Whether a person is very wealthy or of more modest means, has a very large family or very few relatives, it is important to create a customized will and/or trust in order to express one's final wishes. When people pass away without wills, the future of their assets and personal belongings are subject to the one-size-fits-all process stipulated by state law.

An interesting example of this is the estate of a Holocaust survivor who died last year at the age of 97. The man, a successful real estate developer, did not leave behind any known heirs or family members. He did leave behind an estate that has been valued at almost $40 million, and it appears that he had no will in place.

Although underage drinking is common, penalties can be harsh

  • 08
  • April
    2013

Here in Virginia, and throughout the U.S., binge drinking has come to be commonly associated with the college lifestyle. For many, it is a sort of rite of passage to drink alcohol before reaching the legal age of 21. Although Virginia uses a driver's license design that is meant to be nearly impossible to counterfeit, it is not rare for minors to find a way to drink alcohol in the state. Some minors drink at parties, where they do not need to show identification, and others purchase fraudulent IDs online or on campus.

Although underage drinking might be somewhat common in many parts of the U.S., it can lead to very harsh consequences in Virginia. This is because, unfortunately, juvenile charges often leave a record behind. This means the criminal charge can follow a young person well into adulthood--affecting scholarship and college admission opportunities, as well as career options down the road. This is why juveniles should always seek criminal defense counsel--no matter how minor or harmless the charges seem--in order to obtain the most favorable results possible.

Breaking Up is Hard to Do: Dissociation of a Member or Dissolving an LLC, What's the Difference?

  • 05
  • April
    2013

Assume you and your business partner of 10 years have suddenly had a falling out and can no longer work together; what are your options?

Dissociation of a Member

A member of an LLC may be dissociated for many reasons including unanimous vote of other members if it is unlawful to carry on the business of the LLC with that member, the member executed an assignment of their membership interest for the benefit of creditors, or the member files for bankruptcy. In the event of dissociation, the LLC continues to operate and the membership interest held by the dissociated member or the former member's successor in interest is not affected. When a member is dissociated from a limited liability company, that member is divested of all rights as a member to participate in the management or operation of the company. Simply put, the dissociated member is expelled from the company, but does not forfeit the value of his/her ownership interest.

Innovative program seeks to boost child support collection

  • 08
  • March
    2013

Child support collection can be a contentious issue. Many parents who don't have custody are notoriously bad at paying it. This phenomenon isn't unique to fathers, though the term "deadbeat dad" is now a well-worn phrase in the American lexicon.

In Virginia and other states, government authorities often assist with child support collection. Naturally, they tend to be on the lookout for innovative programs that make the collection process smoother for all concerned - and deliver money more dependably to the children that child support awards are intended to help.

Causes of divorce: when are marriages most at risk?

  • 01
  • February
    2013

The causes of divorce are often not hard to find. It's no secret that fights about money, the stresses of raising children, and sexual incompatibility are common issues for couples.

But is there such a thing as a "seven-year itch" driving couples apart? To be sure, there was a Marilyn Monroe movie by that name. And the phrase is solidly entrenched in colloquial American English. That does not necessarily mean, however, that the mere passage of seven years is a cause of divorce in Virginia or anywhere else.

Ten Things to Consider as You Contemplate Separation and Divorce

  • 18
  • January
    2013

There are many considerations if you are thinking about separating from and/or divorcing your spouse. The following list is not an exhaustive one, but is provided as guidance. Each couple's situation varies in its' individual facts and varies according to the priorities of the parties.

1.  Consult with an experienced family law attorney at the beginning of the process, and especially before signing any type of agreement with your spouse.

2.  Put your children first throughout the separation and divorce process - try to keep things as "normal" and routine as possible for them.

Divorcing with a family business: What are your options?

  • 11
  • December
    2012

According to the Census Bureau's data from 2007, approximately 3.7 million businesses are family businesses owned by spouses. Considering that more than 50 percent of marriages end in divorce, it shouldn't be surprising that deciding what to do with a family business during divorce is a common problem.

Yet, every divorce is unique and no solution is one-size-fits-all. An experienced divorce lawyer can help you determine what is best for you by evaluating all of the options.

Selling the business to, or buying out, your spouse

One of the most common agreements spouses make is for one spouse to keep the business and buy out the other spouse.

SIPL in Seattle: A Report on the National Consumer Law Conference

  • 09
  • November
    2012

Recently, three associates and two partners from Surovell Isaacs Petersen & Levy PLC attended the National Consumer Law Conference in Seattle, Washington to learn about the latest developments in consumer law. The conference was a four-day opportunity that provided invaluable insights into a wide-range of consumer litigation topics including debt collection abuses, auto fraud, predatory lending, fair credit reporting, class action litigation, loss mitigation alternatives, foreclosure defenses, and more. Each of our attorneys attended sessions applicable to their consumer practice areas, and left Seattle with more creative ideas to help protect our clients from banks, debt collectors, homeowners' associations, credit report agencies, car dealers, and more. Although each session I attended was extremely helpful to my consumer practice areas, one session discussed a recent, unanimous opinion from the Supreme Court of Washington that should affect foreclosure laws throughout the country (and hopefully here in Virginia).

  • Case results depend upon a variety of factors unique to each case and do not guarantee or predict a similar result in any future case undertaken by the lawyer.
  • $12,000,000 Judgment relating to fraudulent investment scheme.
  • $4,800,000 Fairfax County Jury verdict against fireworks company for negligent production of commercial fireworks display resulting in catastrophic injuries.
  • $3,600,000 Fairfax County jury verdict in favor of firefighter who suffered permanent disabling injuries.
  • $3,500,000 Settlement of head-on collision resulting in severe orthopedic injuries and brain injuries to Ph.D candidate.
  • $2,000,000 Value of rescission awarded to purchaser due to luxury developer's violation of Interstate Land Sales Full Disclosure Act.
  • $1,150,000 Settlement of case involving brain injury to passenger riding in commuter van on I-395.
  • $1,100,000 Judgment awarded against husband who obtained multiple mortgages on joint property without wife's consent.
  • $1,150,000 Settlement of case involving amputation of arm following negligence.
  • $980,000 Settlement of case involving brain injury to 13 year-old child.
  • $950,000 Settlement of case involving misdiagnosis of child abuse instead of osteogenesis imperfecta (brittle bone disease).
  • $834,000 Jury verdict against a notorious foreclosure rescue scammer for violations of Virginia Consumer Protection Act, Virginia Credit Counseling Act,  and fraud.
  • $750,000 Back injury from car accident.
  • $700,000 Jury verdict for fraud arising from sale of securities in bogus Montana mining venture.
  • $650,000 Settlement of medical malpractice matter.
  • $480,000 Settlement of wrongful death case involving health care neglect in prison.
  • $454,000 Class action settlement against law firm for violations of the Fair Debt Collections Practices Act- total settlement amount in excess of $454,000 (pending final approval)
  • $450,000 Settlement of death of child who drowned in pool.
  • $330,000 Judgment awarded to tenant for inventory damage from defects in shopping mall roof.  Affirmed by Supreme Court of Virginia.
  • $300,000 Judgment awarded to daughter whose mother was killed by step-father who attempted to seek his deceased wife's life insurance proceeds.
  • $300,000 Car accident involving collision with delivery truck and compound arm fracture.
  • $290,000 Car accident involving injury to passenger's face.
  • $175,000 Settlement for property damage and business losses for damage to printing press during moving.
  • $175,000 Back injuries to driver struck by drunk driver.
  • $135,000 Settlement for failure to supervise bookkeeper, negligent processing of checks by bank, and embezzlement.
  • $82,000 SIPL Defense verdict that ultimately led to award of $82,000 sanctions against Plaintiff.
  • Defense Verdict SIPL Defense verdict in car-tanker truck collision seeking over $1,000,000
  • Class action settlement against First Tennessee Bank for violations of the Equal Credit Opportunity Act
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