35th Annual Advanced Family Law 2019 Seminar Materials

Publication Date:	April 2019
Available Formats:	Print
Pages:	241

Information
Table of Contents
Authors
Prices

Information

This comprehensive, stand-alone publication is direct from an April 2019 seminar cosponsored with the Family Law Section of The Virginia Bar Association.

UPDATE ON VIRGINIA FAMILY LAW
Edward D. Barnes

I. Introduction
       A. Abbreviations
       B. Published and Unpublished Cases

II. Procedural Issues

III. Support and Maintenance
       A. Determination
       B. Support Termination Events and Cohabitation Analogous to
       Marriage

IV. Premarital and Property Settlement Agreements
       A. Validity
       B. Enforcement

V. Equitable Distribution
       A. Classification
       B. Division of Assets

VI. Child Support
       A. Modification

VII. Custody and Visitation
       A. Determination of Custody/Visitation
       B. Modification
       C. Attorney’s Fees
       D. Adoption, Step Parent, Grandparent, or Other Family Member
       Visitation/Custody

VIII. Miscellaneous
       A. Malpractice for Mislabeling Marital Property for Bankruptcy
       B. Protective Order

Addendum

LEGISLATIVE UPDATE: 2019 GENERAL ASSEMBLY SESSION
Lawrence D. Diehl

I. In General
           A. Summary List of 2019 Legislation
           B. General Overview of 2019 Session

II. Marriage

III. Equitable Distribution
       A. Military Retirement Benefits

IV. Divorce
       A. Determination of Indigency for Filing Fees and Costs of Divorce
       B. Waiver of Service of Process

V. Child Support
       A. Jurisdiction for Findings of Fact for Child to Apply for Benefits
       B. Child Support-Suspension of Driver’s License

VI. Spousal Support

VII. Custody/Visitation
       A. Temporary Delegation of Parental or Legal Custodial Powers;
       Child-placing Agency
       B. Authority to Order Exchange of Child at Meeting Place

VIII. Miscellaneous
       A. Protective Orders-Medical Evidence
       B. Protective Orders - Contents of Preliminary Protective Orders;
       Docketing of Appeal
       C. Adoptions - Post-Adoption Contact and Communication
       Agreements
       D. Assisted Conception - Gender Neutral Terminology

VOCATIONAL REHABILITATION EXPERTS
Anthony Bird

LIMITED SCOPE REPRESENTATION – A NEW OPTION FOR VIRGINIA
PRACTITIONERS
John E. Whitfield

I. Introduction

II. Background - The Concept of “Unbundling Legal Services”
       A. The Broad Concept of “Unbundling”
       B. The Concept of “Unbundling” Can Be Broken Down Into
       Three Components
       C. Advising the Client Without Appearing as Counsel of Record
       D. Document Drafting/Ghostwriting
       E. Limited Scope Appearances

III. A History of the Proposal for Limited Scope Appearances in Virginia
       A. The Lacy Commission
       B. Virginia Access to Justice Commission

IV. The Rule as Adopted by the Supreme Court of Virginia
       A. The Revisions to Rule 1:5
       B. Legal Aid and Pro bono Attorneys
       C. Notice of Limited Scope Appearance
       D. Service of Papers After Notice
       E. Completion or Termination of Limited Scope Appearance
       F. Replacement Counsel or the Party Acting Pro Se Following
       Completion or Termination of Limited Scope Appearance
       G. Pilot Project
       H. Model Pleadings

V. Making the Most of this New Flexibility
       A. A Brave New World
       B. Private Practice
       C. Access to Justice

RETIREMENT CAN NOW BE A MATERIAL CHANGE OF CIRCUMSTANCES!
QUICK TIPS FOR WORKING WITH THE NEW CHANGES
Julie Hottle Day
Eva N. Junker

I. The Changes to 20-107.1 and 20-109, How They Work Together and
How You Can Work With Them

II. Does the Retiree Meet the “Full Retirement Age” Requirement?

III. A Big Question: Retroactivity

IV. Does This Statutory Change Carry Any Weight in Support Modification for
Same Sex Marriages That Occurred Elsewhere and Before Virginia
Recognized Same Sex Marriages?

V. How Can Existing Case Law Integrate with the New Statutory
Provisions?

CALCULATING INCOME OF THE CLOSELY-HELD BUSINESS OWNER
FOR PURPOSE OF SUPPORT DETERMINATION
Robert R. Raymond

I. Income Tax Return Analysis
       A. Relevant Forms
       B. Approaches in General
       C. Income as Reported on an Individual Return
       D. Cash Received
       E. Hybrid Approach
       F. Case Study
       G. Reconciling Results of the Three Approaches

II. Search for Unreported Income of the Closely-Held Business Owner
       A. Defining Engagement
       B. Discovery
       C. Determining What Has Been Disclosed
       D. Directory of Identities and Addresses
       E. Locating Undisclosed Income in a Closely-Held Business
       F. That Perry Mason Moment

OLD SCHOOL ETHICS AND A RETURN TO CIVILITY IN FAMILY LAW
CASES: A PATH FORWARD TO REDUCE HOSTILITY AND FOCUS ON
PROFESSIONALISM FOR FAMILY LAW PRACTITIONERS
Bretta Z. Lewis

I. Rule 3.3
       A. Discussion of Application to Family Law Matters
       B. Hypothetical Fact Pattern - Rule 3.3
       C. Questions for Hypothetical - Rule 3.3

II. Rule 3.4 - Fairness to Opposing Party and Counsel
       A. Discussion of Application to Family Law Matters
       B. Hypothetical Fact Pattern- Rule 3.4
       C. Questions for Hypothetical - Rule 3.4

III. Rule 8.3 - Reporting Misconduct
       A. Discussion of Application to Family Law
       B. Hypothetical Fact Pattern - Rule 8.3
       C. Questions for Hypothetical - Rule 8.3

IV. Rule 8.4 - Misconduct
       A. Discussion of Application to Family Law
       B. Hypothetical Exercise
       C. Questions Related to Hypothetical Fact Patterns