According to the US Census Bureau, the average age at first marriage for both men and women is at an all-time high.  Similarly, the number of individuals re-marrying, thereby creating blended families, is on the rise.  What does that mean for domestic attorneys?  We are seeing more and more individuals who seek, and/or would benefit from, a Prenuptial or Premarital Agreement. Whether or not a soon-to-be-married couple should sign a Premarital Agreement seems to be a topic of much debate, especially among those who are contemplating marriage.  Regardless of where you ultimately stand on this issue, you might want to consider the following: 

(1)        The older two people are at the time they marry, the more likely they will have been in the workforce for a substantial period of time and will have generated substantial assets.  This may mean that one, or both, soon-to-be spouses come into the marriage with separate assets to protect via a Premarital Agreement.

(2)        Those individuals who remarry after having children by a previous spouse may wish to segregate any assets they acquired prior to the second marriage to protect their children in the event of a divorce.  If a Premarital Agreement is not entered into and the second relationship ends in divorce, the children by the previous spouse may not receive the full benefit of those assets the individual had acquired prior to the second marriage.

In the end, the decision is one personal to each couple.  However, we’re always here to help you as you decide “To Prenup or Not to Prenup?”   

Virginia Code Section 20-91(A)(9)(a) permits the granting of a divorce after the parties have lived "separate and apart without any cohabitation and without interruption for one year."  Only six months is required if the parties have entered into a separation agreement and do not have children in common.

In today's difficult economic times, many couples cannot afford the cost of two residences.  They wonder whether they can live "separate and apart" under the same roof.  The short answer is yes.

Virginia case law is clear that couples may live under the same roof and still live separate and apart.  See Bchara v. Bchara, 38 Va.App. 302 (2002).  The court will examine the particular circumstances in each case to determine whether the parties have in fact lived separate and apart.  There is not a finite list of circumstances which a court might consider, but generally courts will consider such factors as whether the parties have been sharing a bedroom, whether they have been having sexual relations, whether they have separate bank accounts, whether they are seen together in public, whether they hold themselves out as a married couple, whether they share household duties (shopping, cooking, cleaning, maintaining the home, etc.), and the like. 

There is no sure set of factors which will establish that you are living separate and apart from your spouse under the same roof.  The courts must evaluate each case based upon its particular facts.  

In March, I attended a four day course on collaborative law and mediation. The participants were attorneys, mental health professionals (counselors, therapists, psychologists) and financial experts. The experience was exciting in many respects. It was great to see so many people who are genuinely interested in Alternative Dispute Resolution and helping families resolve their differences in a healthy, productive manner. The couples who take this route of resolving disputes seem genuinely pleased to conclude their “business” with one another and move forward with their lives.  I gained valuable insight from the mental health professionals who I hope will assist me in serving as a mediator, collaborative lawyer or counsel in family law disputes in the future.

The longer I practice family law, the more important I see alternative dispute resolution as a way to resolve differences in family law cases.  Whether a couple is divorcing or deciding upon a custody and visitation arrangement for a child, the path they choose is important.  Alternative dispute resolution gives people an opportunity to make a decision themselves rather than allow a third party to do so.  Most cases that start down the litigation path ultimately settle out of court.  So why not try that path from the beginning of the dispute?

In family law, there is no “one size fits all” approach to resolving a case, but I believe people are ultimately more satisfied with the decision made if they are actively involved in making that decision rather than abdicating this role to a judge.  While we are fortunate in our area to have very good judges, by taking a case to court, you are essentially giving up your right to create the solution.

Clearly in some cases alternative dispute resolution is not a workable solution, particularly if there is abuse; however, we can make that decision together based upon a client’s objectives and the process that suits the situation best.

During a recent holiday visit, I had an enlightening discussion with family about estate planning matters.  Somehow the conversation over Christmas dinner drifted to the topic of the utility of living trusts as a means to avoid probate (imagine that!).  What ensued was a spirited debate, which resulted in the admission that my own parents don’t even have a valid will.  The next day, I, as a concerned daughter who also happens to be an estate planning attorney, confronted my dad about his and my mom’s lack of that oh-so-important estate planning document.  When asked why my parents didn’t have a will, my dad simply remarked: “We just haven’t gotten around to it.”  My mom, on the other hand, told a different story: “I’ve asked your father repeatedly to talk to the lawyer, but he just won’t do it.”

As an estate planning attorney, I can tell you that my dad’s hesitancy to have his and my mom’s wills prepared is not an uncommon response.  Very few people seem enthusiastic about mapping out their estate plans.  Why?  Probably because the preparation of estate planning documents requires at least some acknowledgement that their death is a certain and foreseeable event, however far in the future it may occur.  No one, including myself, is eager to admit that he or she is ultimately going to die.

Still, an up-to-date estate plan, consisting of at least a will, powers of attorney, and an advance medical directive, is something every responsible adult should have, regardless of age or net worth.  These documents do not need to be complicated, but must be legally sufficient to ensure that the individual’s last wishes will be respected and enforceable.  If you do not already have a will and other estate planning documents, or you have recently experienced a life change, such as marriage, the birth of a child, or divorce, you should seriously consider consulting with an attorney.  What better time to get your estate planning matters in order than at the beginning of a new year!  

On December 18th, Joe Owen and Owen & Owens PLC hosted a breakfast for the Chesterfield Colonial Heights Drug Court at the Village Bank Corporate headquarters.  Joe is Chairman of the Chesterfield Colonial Heights Drug Court Foundation. 

The breakfast was attended by various legislative, government and court officials from throughout the Richmond Metropolitan Area.  The Honorable Frederick G. Rockwell, III, of the Chesterfield Circuit Court, and the Honorable Jerry Hendrick, Jr., of the Chesterfield Juvenile and Domestic Relations Court, described the very positive impact which the drug court is having in battling substance abuse and related crime in the Richmond Metorpolitan Area.

These sentiments were echoed by Chesterfield Commonwealth's Attorneys William Davenport and Larry Hogan.  Both men, who are career prosecutors, descibe how the success of the Drug Court program moved them from reluctant participants to vocal advocates of the program.  Hogan made it clear that the program is not a minor slap on the wrist.  Rather it is an intensive rehabilitative program which combines state of the art treatment and quick and certain jail time for those who mess up.

A statistical comparison of Drug Court and traditional legal treatment further highlights the importance of Drug Court.  The average criminal has an 80% likelihood of committing another crime and going back to jail.  The Drug Court participants almost reverse that statistic.  65% to 75% of the graduates of Drug Court go on to live crime-free lives. It costs approximately $5,000 a year for a person to participate in Drug Court.  To incarcerate the same person it costs from $60,000 a year for an adult to $100,000 for a juvenile.

When a person goes to jail they do not experience many positive changes.  A graduate of the drug court generally becomes a productive citizen.

At Owen & Owens, we are always striving to provide high quality legal services at a reasonable price.  Unfortunately, litigation is often expensive and much of the expense cannot be completely controlled by your attorney.  Much of the expense is dictated by the other side.  However, you, as the client, can help significantly reduce your legal fees by providing your attorney with whatever documentation is relevant to your case in the most organized manner possible.  This is true in helping to build your case or defense, and is especially true when responding to discovery. 

Most people do not enjoy spending the time and energy it takes to respond to discovery.  Nevertheless, the Rules of the Supreme Court of Virginia require timely responses.  Failing to do so can negatively impact your case.  If your responses are incomplete and inaccurate, then it takes your attorney and his or her staff numerous hours to collect and organize that information.  Those hours will dramatically increase your legal fees.  If you are a client and have any questions about how to best provide your responses, please do not hesitate to contact us.

Welcome to our blog (short for “Web log”).  This is the first post of what we expect to be many.  The purpose of this blog is multi-fold.  Mainly, we want to provide relevant information you may find helpful.  Additionally, we would like to let you learn a little more about us as people and hopefully break down some misconceptions that seem to stick to lawyers as a whole.   However, and perhaps most selfishly, this blog shall serve as an outlet for our collective ideas, concerns, musings, inspirations, reflections, dreams, and viewpoints.

The term “Blawg” has been used to describe blogs written by lawyers with a focus on legal issues.  To some extent this blog is a “blawg.”  We hope to provide some relevant posts that focus on legal matters that are germane to the interests of our readers in the Richmond area and all throughout the web.  Yet, in other respects, this blog will not be a “blawg” at all.  As mentioned above, a main focus of our ruminations will likely be on matters other than law.

And so we begin.

As a new father, I have certainly been doing a lot of reflecting lately.  Many of these reflections focus on my day’s work and the connection between what I do on a daily basis and how that work can positively affect my family and my community.  Oftentimes, for profit businesses are perceived as selfish and self indulgent.  The perception that only the “bottom line” matters rings true for many when thinking of private industry. 

Fortunately, my workplace has adopted a different set of principles.  “Every Client Matters” is more than a tagline; it is the guiding principle behind everything we do at Owen & Owens.  In the coming months I will explore the notion of what “Every Client Matters” really means and why I think our firm is more than just a place to earn a living.