1. Is It Hers Or Is It Ours?

    Clients in a divorce proceeding have a lot to deal with, child support, custody, visitation, and the division of all the real and personal property that the parties own. I often receive the question, "how will the property be divided when we go to court?" In Virginia, the division of property in a divorce depends upon what kind of property must be divided as defined by Va. Code § 20-107.3. There …Read More

  2. How To Choose An Attorney

    TATE BYWATER is the law firm of choice for folks in Fairfax County, Vienna, Prince William County, and beyond. Since 1972 the firm has expanded from a single-office in Vienna, Virginia to become a well-oiled machine, being a multi-office, full-service law firm that provides legal services to the entire Washington D.C. metropolitan area. Whether prospective clients find themselves in Maryland, the …Read More

  3. Understanding The K-1 Visa, Part One

    Let's take a little trip down Hypothetical Lane in today's post. Suppose with us you are relatively young -- perhaps still in your twenties. You've graduated college, been in the workforce for a few years, but find there to be something decidedly lacking in the entire affair. It's not that you were sold a bill of goods at some point that led you to believe that joining the business world would be …Read More

  4. Understanding The K-1 Visa, Part Two

    In part one of this two-part series dedicated to helping those interested in understanding the K-1 Visa process, we set the stage for the payoff, which you will find in today's post. In sum, we supposed that you moved to Spain to teach English for a year. During that time, you met and fell in love with a European woman. You decided to move to the United States of America, and it fell on you to fig…Read More

  5. Is Malice Really That Bad?

    All criminal charges have elements the prosecutor must prove before they can secure a conviction. In Virginia, for example, first degree murder is defined in Virginia Code §18.2-32 as any "willful, deliberate, and premeditated killing." This means that in any charge for first degree murder, the prosecutor (Commonwealth Attorney) must prove the killing was 1) willful, 2) deliberate, and 3) premedi…Read More

  6. Can an Abuser Force My Child to Return to a Foreign Country?

    It can take years to garner the strength to leave an abusive relationship, particularly if you have an abusive partner with money and political power.  In foreign countries a partner and child subject to physical abuse from the other partner often seek refuge in the United States from such abuse.  Our country's immigration laws may allow qualifying individuals to petition for asylum where they a…Read More

  7. Death Tattoo

    One day I received a phone call from an FBI agent that had worked with me when I was a Federal Prosecutor. The agent's son had been charged in state court with malicious wounding after a fight outside a bar. The young man had beaten one of his adversaries so severely that he required a hospital stay of about one month to recover. The family was very concerned that their son was in grave danger of …Read More

  8. Officer, That’s Not Mine!: When Possession is Criminal

    Marijuana laws are rapidly changing throughout the country, with some states and even the District of Columbia making possession of limited quantities legal. Many states and the federal government, however, still have laws against marijuana, and other illicit drugs, which makes even the possession of those drugs illegal, whether or not you use them. Many think so long as they don't have the drugs …Read More

  9. Obtaining Temporary Support in Virginia

    Separating from a spouse or partner can be one of the most stressful experiences in a person's life. If there are children involved, that stress is often intensified – custody and child support are usually some of the biggest concerns in a divorce. Many people turn to the court system with the expectation that their case will be handled in a swift manner. Unfortunately, in the absence of an emer…Read More

  10. You Want the Kids and My Life Insurance?

    After an unfortunate decline in the marriage relationship, you and your spouse have agreed that a divorce would be best for both of you. Despite agreeing you both need a divorce, you can't seem to agree on anything else. After weeks or months of back-and-forth negotiation you have finally settled on everything from child custody, spousal support, and who will get the set of decorative silver butte…Read More