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Harrisonburg Virginia Legal Blog

An attorney can still be helpful in a divorce mediation

As many people in Harrisonburg may realize even by a quick search online, divorce and family law mediation are becoming increasingly popular ways by which Virginia couples try to resolve their disputes.

Some Virginia courts may even require most couples to participate in mediation.

Do I need to have a specific reason to ask for divorce?

Divorce can be confusing to people because there are two types of divorce recognized by Virginia law. Divorce from bed and board is a partial divorce that allows a couple to legally separate but does not allow remarriage. However, when most people use the word divorce, they are referring to a complete divorce, also called a divorce from the bond of matrimony.

If you intend to seek a divorce, you must have a legally valid reason, called a ground. Virginia recognizes several fault grounds and a no-fault ground for a divorce from the bond of matrimony.

Virginia's sex offender registry

Like other states, Virginia requires those convicted of certain sex crimes, or even certain crimes that could have a component of sexual abuse, to register as sex offenders.

Some of the crimes that can land a Harrisonburg resident on the registry may seem fairly obvious. For instance, someone successfully accused of rape or of certain crimes related to the assault of children will wind up on the registry, sometimes for life.

What is a DUID in Virginia?

When Harrisonburg, Virginia, residents think of a DUI, their first thought may involve driving after consuming too much alcohol. It may even be burned in their memories that if they test over .08 blood alcohol content after being pulled over, then they will likely face a DUI charge.

However, like other states, Virginia criminalizes driving under the influence of any drug or combination of drugs, including drugs and medicines that a person may have obtained legally.

How would a divorce impact my immigration status?

Many immigrants who live in Virginia are married to United States citizens. Should the marriages of these immigrants end in a divorce, they may wonder what will become of their legal status.

After all, without the right status, an immigrant may not be able to apply for permanent residency and, in the worst case, may lose his or her permission to live in the United States at all.

Lawyers' group concerned about immigration courts

The American Bar Association, or ABA, which is a large, nationwide organization of lawyers, has again expressed its concern that the immigration courts in Virginia and throughout the rest of the country are facing serious structural difficulties.

According to the report, the immigration courts are experiencing a large caseload, which in turn means additional delays in the administration of this country's immigration laws. Indeed, according to records, there are about 800,000 cases currently before the immigration courts. At the time the ABA last reported on the status of the immigration courts, in 2010, the backlog was 262,000 cases.

If charged with a DUI over the holiday, help is available

Many people in Harrisonburg will probably use St. Patrick's Day to take some time to relax with friends and family. Of course, one of the common customs of this holiday is to drink beer and other alcohol.

Most Virginians try to drink responsibly when they choose to drink, especially if they expect to drive home afterward. However, even for the most responsible people, mistakes can be made.

The different types of spousal support in Virginia

In Virginia, what is commonly referred to as alimony or maintenance is technically referred to as spousal support. Basically, spousal support is a court order in the context of a divorce in which one former spouse is ordered to pay money to the other spouse.

There are three basic types of spousal support. Which type a court is most likely to order depends on the facts and circumstances of the individual case. As such, a resident of Harrisonburg who has specific questions about spousal support may want to seek professional guidance.

The status of legal separation in Virginia

Unlike some other states, there is no formal process for legal separation in Virginia. When two parties start to live apart, they are considered separated for purposes of establishing that they are eligible for divorce. In Virginia, many grounds for a divorce, including the commonly used no fault divorce, require that the couple be separated for one year.

On the other hand, for those who may wish to remain legally married yet need orders to protect their property and their children, there is no separate process for doing so. A person may be able to get some relief by asking for a divorce from bed and board.

Is a misdemeanor conviction really that bad?

If you have recently received a misdemeanor conviction and dismissed it in your mind as not being very serious, you may want to re-evaluate that sentiment. The unfortunate fact is, any criminal conviction can have long-lasting ramifications. Here is what you should know about misdemeanors and why they can more severe than you think.

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