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Have questions about working with Trustice Law Group or navigating your legal issue? Our FAQ page covers common topics to help you feel more informed and prepared. If you don’t see your question here, we’re just a call or message away.
Family Law
Separation
No, Virginia does not recognize legal separation as a formal legal status, and there is no process for obtaining a court-ordered separation.
While it is not necessary to have a separation agreement to get a divorce in Virginia, coming to an agreement on property and assets can often make the legal process faster, less contentious, and more cost-effective. Before filing for divorce, your attorney will discuss all of your options, including a separation agreement.
While your divorce is pending, there may be immediate concerns as to property ownership, use of the marital home, spousal support, financial obligations, and custody arrangements. At a pendente lite hearing, a judge can establish temporary orders to address these issues and provide both stability and relief.
The amount of time spouses need to be living separately and apart prior to filing for divorce depends on whether the spouses have minor children and whether there is a separation agreement in play. If the spouses have minor children, they need to be living separate and apart for 12 months, even if they have a separation agreement. If spouses do not have minor children, they would need to be living separate and apart for six months, if they have a signed and notarized separation agreement. Otherwise, they would have to be living separate and apart for at least 12 months.
Though it is easier to demonstrate that spouses have been living separately and apart if they no longer live under the same roof, it is technically possible to meet this requirement if you and your spouse still live in the same home. The court will look at whether the spouses have been “holding themselves out as a couple,” and will take into account whether the parties sleep in the same bedroom, attend functions together, and still engage in physical intimacy.
Divorce
In Virginia, you can file for divorce on both “no-fault” and “fault” based grounds. If you file on “no-fault” grounds, it means that you and your spouse have lived separate and apart for the required period and you are not alleging any fault on the part of your spouse for the divorce. If you file on “fault” based grounds, you are claiming that your spouse engaged in conduct that amounts to adultery, cruelty, or desertion (whether it be actual or “constructive”). Your attorney will discuss which grounds make the most sense for your case before filing any complaint.
Any Virginia resident can obtain a divorce in Virginia without retaining an attorney. However, to ensure one’s rights and interests are protected and fairly represented in obtaining a divorce from their spouse, it is wise to retain an attorney.
It depends. A divorce may be completed in a matter of weeks or months, or it could take several years (3, 4, 5+) to finalize a divorce, depending on the number and complexity of contested issues in the divorce, the Court’s schedule, and the individual facts of the case.
Procedurally, the very first step upon filing a Complaint for Divorce is to have it served on the other party. Upon proper service, the other party has twenty-one days to file an Answer to the Divorce and a Counterclaim (if they so choose). The individual facts of each case dictate the next steps thereafter, which may be sending discovery requests, filing motions, settlement negotiations, scheduling depositions, etc.
There are no real legal or procedural advantages that come with being the first to file.
If parties are able to agree on some of the issues in a divorce, then any other issues they are unable to agree on will be decided by a judge.
Yes, courts in Virginia may provide for one spouse to pay the other spousal support and maintenance. Courts can award spousal support both pendente lite, which means while the divorce is still pending, and permanently upon entry of a final decree of divorce.
Custody, Visitation & Child Support
Child support in Virginia is calculated using the child support guidelines outlined in Virginia Code § 20-108.2. Sole guidelines are calculated when one parent has physical custody of the child for 90 days or less annually, and shared guidelines are calculated when both parents have physical custody of the child for 91 days or more annually. Both sets of guidelines are generally calculated using each parent’s gross monthly incomes, monthly work-related childcare costs for the child(ren), and monthly medical, dental, and vision insurance costs for the child(ren). Depending on the individual facts of each case, such expenses may not be included, or other expenses may be added to, the guidelines calculation.
Legal custody refers to the right to make legal decisions, such as educational, medical, religious, etc., for a minor child. Physical custody refers to where the minor child resides. One parent may have primary or sole physical custody, with the other parenting having scheduled parenting time, or both parents may share physical custody of the minor child.
A motion to amend a custody, visitation, or support order can be filed to change it. The party filing the motion must prove that a material change in circumstance has occurred, meaning something significant must have happened since the entry of the last order.
Grandparents or other relatives of a minor child may be considered “persons with a legitimate interest” and thus may be able to seek custody of the minor child, depending on the individual facts of the case.
Criminal Law
Misdemeanors
In Virginia, simple possession applies when a person possesses a controlled substance for personal use without a valid prescription. Depending on the type of controlled substance allegedly possessed, the charge can be a misdemeanor or a felony. Possession with intent to distribute applies when a person possesses a controlled substance with the intent to sell, manufacture, or distribute that substance. This is a more serious offense than simple possession and often carries a harsher punishment.
Whether a drug charge is a misdemeanor or a felony depends on the type of drug allegedly possessed. If someone possessed a Schedule 3 or 4 substance or drug paraphernalia, they will be charged with a misdemeanor. If an individual is alleged to have possessed a Schedule 1 or 2 substance or possessed a substance with the intent to distribute it, they will be charged with a felony.
Generally, the police need a warrant to search you or your property. There are several exceptions under the law to this rule, including law enforcement’s ability to search your person following a lawful arrest, or if an officer has probable cause that there is evidence contained within your property. The police can also search you or your property with your consent. If the police search you or your property without a warrant, it is crucial to remember to remain calm. If you believe that the police violated your rights, tell your attorney.
If you are convicted of a misdemeanor drug offense in Virginia, the maximum punishment is twelve months in the local jail and/or a monetary fine. If you are convicted of a felony drug offense in Virginia, the maximum penalty is a period of years in state prison and/or a monetary fine. Once released from prison, an individual would likely be placed on a period of supervised probation.
If you have never been convicted of a drug offense before and are charged with simple possession, you are eligible for the first offender program. This includes a period of supervised probation with drug testing, securing and maintaining employment, completing a fixed amount of community service, and undergoing drug treatment. If these conditions are completed to the satisfaction of the Assistant Commonwealth’s Attorney and the judge, the charge will be dismissed. It is important to note that the charge will remain on your record, though your record will reflect that the charge was dismissed.
Though someone charged with a crime has the right to represent themselves in court, it is never advisable to enter a guilty plea without having a lawyer. A lawyer can advise about the potential consequences of pleading guilty to a criminal charge and ensure that your rights are upheld.
There are several potential defenses to a drug charge. One that often comes into play is arguing a violation of an individual’s Constitutional Fourth Amendment rights, which protect against unreasonable searches and seizures, by the police. A defense specific to a charge of possession with intent to manufacture or distribute is claiming that the individual possessed the controlled substance for personal use. There can also be issues with how the police handled the evidence following the arrest and whether the controlled substance is, in fact, an illegal substance. During trial preparation, you and your attorney will decide together the best defense for your case.
Felonies
No. At no point should you ever speak to the police without a lawyer present.
Generally, no. Any criminal conviction that you receive is reflected on your record for life. This will likely change in 2026 with the passage of a new law allowing for certain types of record sealing in the Commonwealth. If you are under eighteen, your misdemeanor criminal record is destroyed when you turn nineteen as long as five years have lapsed since your last court appearance. In certain cases, particularly involving driving offenses, your record is not destroyed until you turn twenty-nine. If you are under eighteen and are convicted of an offense that would be a felony if committed by an adult, it will be reflected on your record for life. If you are charged with an offense as an adult or a juvenile, you can have the charge expunged after a dismissal or a not guilty verdict at trial.
Whether a drug charge is a misdemeanor or a felony depends on the type of drug allegedly possessed. If someone possessed a Schedule 3 or 4 substance or drug paraphernalia, they will be charged with a misdemeanor. If an individual is alleged to have possessed a Schedule 1 or 2 substance or possessed a substance with the intent to distribute it, they will be charged with a felony.
If you are convicted of a misdemeanor drug offense in Virginia, the maximum punishment is twelve months in the local jail and/or a monetary fine. If you are convicted of a felony drug offense in Virginia, the maximum penalty is a period of years in state prison and/or a monetary fine. Once released from prison, an individual would likely be placed on a period of supervised probation.
Though someone charged with a crime has the right to represent themselves in court, it is never advisable to enter a guilty plea without having a lawyer. A lawyer can advise about the potential consequences of pleading guilty to a criminal charge and ensure that your rights are upheld.
Violent Offenses
In Virginia, domestic violence, or domestic assault, is defined as assault and battery against a family or household member. Virginia defines a family or household member as any individual related by blood or marriage; two people who have lived together at any time during the last 12 months; or people that have a child together
Yes. Anyone can go to the Magistrate, swear out a criminal complaint under oath, and obtain a warrant for a charge of domestic assault. If you are arrested for domestic assault, it is important to remember not to try to “explain away” the situation to law enforcement. Instead, tell the police that you want to remain silent and speak to a lawyer.
A criminal charge like domestic assault is a criminal matter, while a protective order is a civil one. Penalties for a criminal conviction include monetary fines and, at worst, time in jail. In contrast, you cannot receive jail time for being the subject of a protective order. Instead, a judge can impose the order of no contact with parties for a maximum of two years if they find it appropriate.
Once law enforcement gets involved, or a warrant is issued by the Magistrate, your case is technically in the hands of the Commonwealth of Virginia. Only the Assistant Commonwealth’s Attorney can decide whether or not to dismiss the charge. However, an accuser can always speak to the Assistant Commonwealth’s Attorney and make their wishes known. That is a decision that the accuser has to come to on their own; as a defendant, you should never tell an accuser to drop charges.
No. If an accuser tries to contact you, tell the individual to speak to your attorney. If there is an active protective order, DO NOT speak to the accuser at all (not even through a third party).
When someone files for a preliminary protective order, that person, called the Petitioner, can include a minor child on the order. In these situations, a judge can enter a protective order for the Petitioner alone if the judge feels that the minor child is not in danger of harm, or both the Petitioner and the minor child if the judge finds it necessary. A Petitioner can also file for a preliminary protective order “by next friend” on behalf of a child. This is usually done in emergency situations where a child needs immediate protection.
A conviction for domestic violence is a misdemeanor and will remain on your record for life. Further, a conviction for a third offense of domestic violence is a felony and carries mandatory minimum time. A conviction for domestic violence also has federal implications. A person convicted is federally prohibited from possessing a firearm with a domestic violence conviction on their record.
Estate Planning
Wills
Everyone should have a will, even if they don’t have many assets. In a will, you can direct to whom your assets will go upon your passing. If you die without a will, then your assets will pass pursuant to the intestacy laws for the state in which you were residing upon your passing.
Creating a will requires knowledge of legal requirements to prevent problems and ensure the document meets all formal requirements for validity. A licensed attorney is the only professional with the proper qualifications to advise you about your will, prepare the document, and oversee its execution. Your attorney should also provide guidance on how to title your assets and designate beneficiaries appropriately.
If you die without a will in Virginia, then your estate will be administered and transferred pursuant to the intestacy laws for the Commonwealth of Virginia.
It depends. Generally, it’s a good idea to update your will after any significant life events (marriage, divorce, birth/adoption of a child, addition of a grandchild, death or incapacity of your spouse or significant other), any significant changes in assets, and/or the death of any beneficiaries named in the will. There may be other reasons one may want to update their will depending on their individual circumstances.
Any previously executed estate documents (wills, power of attorney’s, healthcare directives, trusts, etc.), copies of deeds for any real property, and documents for any asset and/or accounts which you have named a beneficiary (such as life insurance policy, retirement account etc.).
It depends on the assets that the decedent owned at the time of their death. Generally in order for real property and solely owned personal property to pass, some form of probate is necessary.
Trusts
A trust establishes a legal entity for the purpose of managing one’s assets both during their lifetime and upon their passing. Trust assets pass to the beneficiaries named in the trust without going through probate.
A trust establishes a legal entity for the purpose of holding, managing, and distributing one’s assets both during their lifetime and upon their passing. Title of trust assets will pass to the trust either during the lifetime of the individual establishing the trust (also known as the grantor), or upon their passing by way of naming the trust as a beneficiary of an asset.
Yes, you should still have a will, even if you have a trust. A “pour-over” will is typically beneficial, as it serves as a “catch all” for any assets of the grantor not explicitly named in the trust, to transfer into the trust upon the grantor’s passing. This will ensure that any assets not previously transferred to the trust will transfer to the trust upon the grantor’s passing.
For assets that one is seeking to place into the trust, title to such assets is typically transferred during one’s lifetime, or the trust is named as a transfer-on-death beneficiary. For example, if an individual seeks to transfer their home into a trust, a new deed would be executed and recorded during the individual’s lifetime, transferring ownership of the home from the individual to the trust.
No! A trust can be beneficial to people with both small and larger estates.
A revocable living trust (“RLT”) is a trust that is established during the grantor’s lifetime, and the grantor retains control over the trust and trust assets during their lifetime. They may be named as the trustee of the RLT, and may amend or revoke the RLT during their lifetime.
An irrevocable trust is one that generally cannot be amended or revoked once it has been established. Upon transferring assets into an irrevocable trust, the grantor no longer has any ownership of or control over said assets. For federal estate tax purposes, an irrevocable trust may be beneficial if one’s estate is considerably high in value (i.e.: $10,000,000+). This is because placing assets in an irrevocable trust may reduce a person’s gross estate upon their passing.
A special needs trust can be established to hold, manage, and distribute assets to your beneficiary with a disability.
It depends. If you have established a revocable living trust, then the trust can typically be amended in the future. However, irrevocable trusts generally cannot be amended or revoked after they have been established.
Power of Attorney
A power of attorney is a document that grants a named individual (known as the “Agent”) the authority to make certain financial or medical decisions on behalf of another (known as the “Principal”). A durable power of attorney is one that will remain in effect in the event the Principal becomes mentally incapacitated in the future. Having a durable power of attorney in place is beneficial in the event that you become incapacitated and are unable to manage your financial or other personal affairs in the future. It may also avoid the need for a family member or another individual to file a petition for guardianship and/or conservatorship over you in the event you become incapacitated, which requires involvement of the courts, and can be a costly and lengthy process.
A General Power of Attorney is a document wherein you name an Agent to make financial decisions on your behalf. A Medical Power of Attorney is a document wherein you name an Agent to make medical decisions on your behalf. Both types of POA’s can be durable, which means they will remain in effect in the event the person making the POA (the “Principal”) becomes mentally incapacitated in the future.
It depends. Generally, a durable power of attorney will become effective on the date that you sign it and have it notarized, and will remain in effect for the duration of your lifetime unless it is revoked (in writing). However, you can include express language in your durable power of attorney that states it will become effective on a future date or upon your incapacity.
Yes, you can have more than one agent named in your power of attorney. You can name as many agents as you would like, either acting jointly and/or severally.
Yes! You can always revoke and/or change a power of attorney at a later time. The change or revocation needs to be in writing, signed by you, and notarized by a notary.
A revocable living trust (“RLT”) is a trust that is established during the grantor’s lifetime, and the grantor retains control over the trust and trust assets during their lifetime. They may be named as the trustee of the RLT, and may amend or revoke the RLT during their lifetime.
In general, a power of attorney executed in one state will be valid and recognized in another state.
Advanced Healthcare Directives
An advanced medical directive is a document that outlines one’s wishes for their own healthcare and medical treatment in the event of incapacity, and is executed in conjunction with a medical power of attorney, which names an individual to make decisions regarding healthcare and medical treatment upon one’s incapacity.
A living will outlines one’s desires for their own healthcare and medical treatment upon their incapacity, and a medical power of attorney names an individual to actually make one’s medical decisions upon their incapacity. Essentially, the living will outlines your desires for medical treatment, and the medical power of attorney names an individual to make your medical decisions in accordance with your living will.
A DNR provision is typically included within a “living will” or advanced medical directive document.
Yes, you can make changes to your healthcare directive later, so long as you are still mentally competent to do so.
You do not need a lawyer to create a healthcare directive. However, it may be wise to consult with an attorney in preparing your healthcare directive if you have complex healthcare needs, as well as to ensure that it is properly executed in accordance with the laws of Virginia.
In a safe place – ideally with the rest of your estate planning documents, passwords, and other important documents – such as a fireproof box, safe, or safe deposit box. We typically recommend also providing a copy to whomever is named as one’s agent in their advanced healthcare directive.
Working With Us
5 E. Franklin Street, Richmond, Virginia 23219
A consultation is your opportunity to meet with our team, discuss your situation, and understand how the law applies to your case. You’ll leave with clarity about your options and next steps.
Yes, there is a consultation fee. Call us at (804) 207-9381 to schedule your consultation.
Yes. While our office is located in Richmond, we serve clients throughout Central Virginia and the surrounding region, including:
• Chesterfield County
• Henrico County
• Hanover County
• Goochland County
• Powhatan County
• New Kent County
• Charles City County
• Caroline County
• King William County
• King and Queen County
• Louisa County
• Fluvanna County
• Cumberland County
• Amelia County
• Dinwiddie County
• Prince George County
• Colonial Heights
• Petersburg
• Hopewell
• Ashland
• Mechanicsville
If you’re located in another area and need legal assistance, give us a call at (804) 207-9381. We’re happy to discuss whether we can help with your case.
Yes. If you or a loved one is currently incarcerated, we can arrange a consultation at the jail to discuss your criminal case and legal options.
To schedule a jail consultation, call us at (804) 207-9381. We’ll work with you to coordinate the visit and get the legal help you need as quickly as possible.
Coming prepared helps us make the most of your consultation. Depending on your legal matter, helpful documents may include:
For Family Law Cases: Marriage certificate, separation agreements, court orders, financial documents (tax returns, pay stubs, bank statements), custody schedules, and any relevant correspondence
For Criminal Cases: Court documents, summons or warrant, police reports, bond paperwork, and a timeline of events related to your charges
For Estate Planning: List of assets and property, beneficiary information, existing wills or trusts, life insurance policies, retirement account details, and any powers of attorney.
Don’t worry if you don’t have everything—we’ll guide you through what we need as we work together. The most important thing is to bring any documents you do have and be ready to discuss your situation openly.
Call us at (804) 207-9381 with questions before your appointment.
We accept cash, cashier checks, money orders and all major credit cards for your convenience.
We also offer our Trust Commitment Program, a bi-weekly payment plan that helps you budget for legal services while keeping your case moving forward. Ask us about this option during your consultation. Call to schedule your consultation at (804) 207-9381.
We require payment at the time services are rendered and do not offer traditional payment plans. However, we do offer our Trust Commitment Program, which allows you to make bi-weekly deposits into your trust account. This helps you budget for legal services while keeping your case moving forward.
To learn more about our Trust Commitment Program and how it works, schedule a consultation at (804) 207-9381.