Harrisonburg Virginia Legal Blog

Tax implications of alimony changing very soon

On behalf of John Elledge & Assoc PC posted in Divorce on Friday, December 7, 2018.

A previous post on this blog talked about how family law judge in Virginia can order one spouse to pay another alimony either while a divorce or separation is pending or following the entry of a final decree. As this post discussed, whether a spouse is entitled to alimony, and how much, depends on a number of factors that are ultimately within the discretion of the judge to evaluate.

Alimony may also be called spousal support since, as the name implies, it is supposed to ensure that a spouse who may otherwise face financial hardship on account of a divorce receives what he or she both needs and deserves.

What exactly is asylum?

On behalf of John Elledge & Assoc PC posted in Immigration on Thursday, November 22, 2018.

There have been a lot of stories in the major news outlets over the past few weeks discussing asylum and the Administration's attempts to change the process. However, some people in the Harrisonburg area may not fully understand what exactly asylum is.

There may even be some in the area who are eligible to seek asylum but may not know how to do so.

What factors result in enhanced DUI penalties?

On behalf of John Elledge & Assoc PC posted in DUI on Friday, November 9, 2018.

The penalties for a DUI conviction in Virginia can include an array of sanctions like fines, the loss of one's license, and even jail time. However, these penalties can be enhanced if certain factors are present at the time an individual is arrested and charged with their drunk driving crime.

Understanding deportation and the 601 waiver

On behalf of John Elledge & Assoc PC posted in Immigration on Thursday, October 25, 2018.

Deportation involves the removal of non-citizens from the United States. If a person is not a U.S. citizen, does not have a visa or green card, and has no legal status for being in the country, they may be deported and returned to their nation of origin by the government of the United States.

Common car items the police can identify as inhalants

On behalf of John Elledge & Assoc PC on Thursday, October 18, 2018.

Inhalants are a popular drug for college students because they can come out of standard household items. They do not need to spend hundreds of dollars on marijuana when they can just open up a paint can from home to get a quick high.

When police pull you over under suspicion of driving under the influence, inhalants are one of the hardest drugs to prove. They last a short amount of time and certain items and techniques such as using the breathalyzer are not as effective here. When they pull you over, they might have to rely on their smell and sight to find something to accuse you with. This can prove problematic, as they can mistake some common car items for inhalants and land you with a Class 1 misdemeanor in Virginia. It is important that you are aware of these items so you do not hurt your academic future with fines and jail time.

What does it mean to possess drugs in Virginia?

On behalf of John Elledge & Assoc PC posted in Criminal Defense on Thursday, October 11, 2018.

It is not uncommon for the elements of a criminal charge to have at least two requirements, with one of those requirements being a physical action or omission and the other being a mental state or intention. For example, when a person is charged with assault, a prosecutor generally must prove that an alleged assailant intended to cause their victim harm through their action of preparing to cause physical contact.

Factors that may be considered in a request for alimony

On behalf of John Elledge & Assoc PC posted in Divorce on Thursday, September 27, 2018.

Not all Virginia divorces will include negotiations or hearings concerning alimony. This is because not all marriages end with one party financially disadvantaged when compared to the other. When one party to a marriage has given up their opportunity to earn an income or put their own career on hold in support of their partner and their family, they may have grounds on which to assert a request for spousal support.

Spousal support is intended to give a person a chance to get on their feet after ending their relationship. If they do not have any money or earnings of their own, it may be next to impossible for them to find a new residence, establish a new life, and move into their future without financial help. Alimony may be used to rehabilitate a person to re-enter the workforce to become self-sufficient or to help them obtain the education they need to secure gainful employment.

What is a visa?

On behalf of John Elledge & Assoc PC posted in Immigration on Thursday, September 13, 2018.

Immigration has been an incredibly controversial topic in the news over the course of the last year. There is no way for a Virginia resident to avoid the ongoing debate over how to allow individuals to enter the United States and what to do with them if they arrive through illegal channels. However, the topic of immigration is much larger than just border controversies and family reunifications. Immigration law includes the application for and receipt of visas for many non-U.S. citizens.

A visa is effectively a document that allows a person to visit or reside in country where they do not have citizenship. Visas can be issued for a number of different purposes. College students may need to secure visas in order to travel abroad and study at foreign universities, and workers may need to get visas in order to move their employment overseas and work in different countries.

Possible evidence against a driver in a DUI case

On behalf of John Elledge & Assoc PC posted in DUI on Thursday, August 30, 2018.

A DUI charge can be damaging to a person in many different ways. Aside from imposing a significant legal battle in their path, it may also impact their ability to do their job and provide for their family. In Virginia, prosecutors may use a wealth of evidence to demonstrate a driver's intoxication in support of a DUI charge.

One category of evidence that may be presented in a DUI case comes in the form of testimony from an arresting law enforcement officer. That individual may provide sensory impressions of their encounter with the alleged drunk driver, such as the smell of alcohol in their car, the driver's alleged inability to focus their eyes, and other observations.

What children need during a separation and divorce

On behalf of John Elledge & Assoc PC on Thursday, August 23, 2018.

Children have sensitive hearts when it comes to parents splitting up. It is often the most difficult experience for a child to endure while growing up. There is a major paradigm shift from what ‘family’ was originally defined, to the unknown of what it is becoming.

Fear and sadness are common underlying emotions behind anger and silence. Children need to feel safe and loved always and divorce can significantly disengage them from those vital feelings. Parents are the pillars they attach themselves to while they are still too young to take care of themselves. Therefore, their emotional wellbeing is vulnerable when not protected.