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Fairfax Family Law Blog

Criminal Law vs. Civil Law

Kronfeld2.jpgCriminal law primarily involves the government seeking to punish individuals for wrongdoing. Although criminal acts are typically misdeeds that individuals have directed at other individuals, criminal law is usually not concerned with repairing the damage caused or compensating the victim. Instead, criminal law is more concerned with the damage caused to society at large; it seeks to penalize and make an example of the wrongdoer, with penalties such as probation, monetary fines and incarceration. In criminal prosecutions, individuals do not sue each other, and the victim generally has no right to control or make decisions with respect to the proceedings.

Civil law, by contrast, is concerned with the relationships between people, keeping in mind that "people" includes human beings as well as entities like corporations, trusts, associations, and businesses. People interact every day in areas that fall under (or could under certain circumstances) entail "civil law." Common examples include signing rental agreements, applying for bank loans, signing contracts for the purchase and sale of goods, collecting debts, hiring a contractor for home improvement, submitting a claim for insurance coverage, getting in a car accident, getting married or divorced, and myriad other commonplace interactions.

Second Saturday Divorce Workshop - June 9, 2018

ss.jpgFind out everything you need to know about divorce!

Please join us for our next Second Saturday Divorce Workshop scheduled for Saturday, June 9, 2018. This workshop will help you explore the legal, financial and emotional issues of divorce and gain a better understanding of the divorce process in preparing you and your family through this transition. Our team of professional volunteers will help pave the way.

Do I Have to Continue to Pay Spousal Support Until I Run Out of Money?

We often speak with clients who have been ordered to pay spousal support for an indefinite period of time and can no longer work. Understandably, they want to know if they will still be required to pay spousal support. If your spousal support order is modifiable, then you have the option of filing a motion to modify your spousal support obligation with the court. In order to succeed, you will need to prove: (1) that there has been a material change in circumstances since the last spousal support order was entered; and (2) that such a change warrants that the spousal support order be modified.

Congratulations to our 2018 Super Lawyers!

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Duff & Kronfeld is pleased to announce that David Duff has been recognized in the 2018 Super Lawyers List for his 13th consecutive year. Also included on the Super Lawyers Rising Star List is Adam Kronfeld for his 4th consecutive year and the first time for Alexander Lewis.

Family law mediation can help move your divorce forward

Family law matters often require difficult decisions. These can revolve around property division, child custody and support matters. It is imperative that you are prepared to resolve these thornier issues or they will be decided at the court's discretion.

Many couples going through divorce want to have their issues resolved as soon as possible. If you and your spouse can work together to mutually establish the terms, the process may be much faster than waiting for a trial before the court, and may offer you more flexibility and less risk than leaving the decision-making up to a judge. One way to do this is through mediation, i.e., the process of having a third-party neutral - the mediator - assist you and your spouse in reaching an agreement in a cooperative setting, rather than an adversarial one.

Second Saturday Divorce Workshop - May 12, 2018

ss.jpgFind out everything you need to know about divorce!

Please join us for our next Second Saturday Divorce Workshop scheduled for Saturday, May 12, 2018. This workshop will help you explore the legal, financial and emotional issues of divorce and gain a better understanding of the divorce process in preparing you and your family through this transition. Our team of professional volunteers will help pave the way.

Options for Obtaining Financial Support

When a marriage breaks up, often the most significant, and time-urgent, issue involves the establishment of a flow of money from one spouse/parent to the other. Whether you are dealing with monthly support for minor children, or monthly support for a spouse, or both, it is crucial to know the various options that are available to get the monthly income started.

Spousal Support and Retirement: Changes Ahead!

Barring an express agreement of the parties, an award of spousal support may be modified by a Court upon proof of a material change in circumstances warranting such a modification. While the loss of income by the payor is typically a material change, where that loss is voluntary - i.e., the consequence of the payor's own decisions and actions are that loss of income may not permit a reduction or termination in his spousal support obligation. Thus, one being fired for cause or voluntarily taking a lower-paying job may result in the payor having much less income but the exact same support obligation.

What, then, do we do about retirement?

Second Saturday Divorce Workshop - April 14, 2018

ss.jpgFind out everything you need to know about divorce!

Please join us for our next Second Saturday Divorce Workshop scheduled for Saturday, April 14, 2018. This workshop will help you explore the legal, financial and emotional issues of divorce and gain a better understanding of the divorce process in preparing you and your family through this transition. Our team of professional volunteers will help pave the way.

How Fault Grounds May Affect the Outcome of a Divorce

When we speak about fault grounds in divorce, we are typically speaking of adultery, desertion, cruelty and constructive desertion. While there are others, such as incarceration for a felony for more than one year, they are far less common and usually very fact-specific. Given the prevalence of the more common grounds, we can more easily observe the trends and tendencies that accompany them.

First, a fault-ground for divorce allows one to file for divorce immediately, rather than waiting twelve months after a separation. That may not have bearing on the substantive outcome, but may significantly accelerate the timeline in reaching the end of the divorce process.

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Duff & Kronfeld, P.C.
11320 Random Hills Road, Suite 630
Fair Oaks Commerce Center
Fairfax, VA 22030

Phone: 703-591-7475
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