What happens after the divorce

New documents such a powers of attorney, living wills, etc.? After you are divorced, or sometimes even earlier, while you are separated, you need to think about executing some new documents that dictate what will happen in the event of your death or incapacity.  Do you want your ex-spouse making decisions for you after you […]

Hearing and trial

What experts should I have? It is never too early in your divorce case to begin thinking about experts.  Even when you do not plan to go to trial and want to resolve your issues out of court, you may need to consider the use of experts if you are not sure of the value […]

Discovery

How can I save legal expenses in discovery? Discovery is a standard—and almost inevitable part of a domestic relations case.  Discovery Requests, as they are collectively known, often come in the forms of Interrogatories; Requests for Documents, also known as Requests for Production; and Requests for Admissions.  Discovery is automatically authorized in cases arising out […]

Settlement issues, options, and strategy

What processes are available to settlement my case? If you would like to settle your case without going to court, you have several options. Direct Negotiation Many couples are able to work out agreements between themselves on some or all of the issues arising from their marriage. Even if you cannot resolve your case completely, […]

Name change

Can I change my name during a divorce? You took your spouse’s last name when you got married, but now you are divorcing. Are you stuck with your married last name forever? No! If you would like to resume legal use of your former, “maiden” name which was changed by reason of your marriage, you […]

Child support

How is child support determined? Parents are required to support their children financially in the Commonwealth of Virginia.  Child support determinations can be made by Order of the Juvenile and Domestic Relations District Courts, the Circuit Courts, or by agreement of the parties.  When a Court determines the issue of child support, it must consider […]

Custody and visitation

Should I keep a journal or diary of my thoughts during separation and divorce? If you are considering keeping a journal or diary while going through separation and divorce, you should bear in mind that any journal or diary may be requested by your spouse’s attorney in discovery and therefore may not be private.  It […]

Spousal Support

How is the amount of spousal support determined? The decision whether to award one party spousal support can be agreed to by the parties or ordered by the Court.  Spousal support may be awarded by the Court upon the entry of a decree providing for the dissolution of a marriage, for a divorce, that neither […]

Division of Assets and Debts

How are assets and debts divided? In a divorce case, the court is tasked with a multi-step process to divide assets and liabilities. First the court must identify the asset.  Next, the court must classify it, or determine whether it is marital property, which will be divided by the parties; separate property, which belongs solely […]

Mediation

Cole Miller PLLC offers Mediation Services for all family law matters, including divorce. Teresa S. Cole is a divorce attorney who is also a trained Mediator. In her role as a Mediator, Ms. Cole,  will help you and your spouse reach an agreement resolving all your custody, support, property and debt issues. This is a […]