Richmond Legal Blog

Musician passes away before divorcing spouse

On behalf of Coates & Davenport, P.C. posted in High Asset Divorce on Monday, November 18, 2019.

No matter what level of income a Virginia resident earns, divorce proceedings may be complicated by many different financial and legal hurdles. It is important to understand family law options in order to make smart decisions about options for the future. These decisions may include how to address a former spouse, if at all, in testamentary documents.

According to recent reports, the frontman for the band the "Cars," Ric Ocasek, died in September after undergoing surgery and suffering from several heart-related ailments. At the time of his death he was married to model Paulina Porizkova, who had been wife for nearly 30 years. While it was Porizkova who eventually found Ocasek after his passing and with whom he was still living, Ocasek acknowledged their estrangement in his will when he stated that Porizkova had abandoned him and that she should not inherit from his estate.

Fighting out-of-state reckless driving charges in Virginia

On behalf of Coates & Davenport, P.C. on Monday, November 11, 2019.

Driving through the state of Virginia can be a beautiful experience, especially as the seasons transition. However, receiving reckless driving charges or other kinds of traffic tickets can be a frustrating experience when you're traveling through from another state.

Out-of-state traffic tickets often seem like more of an inconvenience than anything else, but it is always wise to build a legal defense when facing criminal charges, even misdemeanors. Before you throw your hands up and assume that there's nothing you can do, consider some of the legal tools you can use to protect yourself, your driving record and, potentially, your criminal record.

The end of the year is a great time to revisit an estate plan

On behalf of Coates & Davenport, P.C. posted in Estate Planning on Monday, November 11, 2019.

People are busy. A Virginia resident may juggle many responsibilities as they fight to get to the end of each day. Between holding down a career, taking care of their kids and spouse, managing their home, and handling dozens of other transient tasks they may easily put off important matters that are not pressing or in need of their immediate help.

One important issue that can be easily overlooked over the course of months or even years is the review of one's estate plan. While many people think that executing an estate plan is something that is done once and can then be forgotten, this is far from true. An estate plan should change and grow with a person as they go through changes in their own life.

Winter holidays result in increased DUI patrols in Virginia

On behalf of Coates & Davenport, P.C. on Friday, November 8, 2019.

Now that fall has begun its rapid descent into winter, temperatures have also started to drop across Virginia. You may notice the first appearance of holiday decorations outside of homes and in stores. With Thanksgiving rapidly approaching and Christmas right on its heels, many people will spend the next few weeks shopping and getting ready to spend quality time with their loved ones.

Law enforcement officers across the state of Virginia will be hard at work, although instead of planning parties, they will be organizing sobriety checkpoints throughout the state. The holidays often result in people drinking and attending parties, which can lead to unsafe road conditions.

Do defenses exist to claims of drunk driving?

On behalf of Coates & Davenport, P.C. posted in Criminal Defense on Thursday, November 7, 2019.

There is no denying that the holiday season is rapidly approaching. As Richmond residents pass out candy to trick-or-treaters on Halloween they may also be looking forward to the Thanksgiving holiday coming up only a matter of weeks later. Once December rolls around, celebrations will be plentiful as individuals celebrate a host of holidays through the New Year.

Celebrating often means eating and drinking with loved ones, and for some it can also mean consuming alcoholic beverages. Adults of legal drinking age should be allowed to enjoy the beverages of their choice during the holiday season but should know that law enforcement officials throughout the country will be on the lookout for drivers that they suspect are drunk. Holiday drunk driving charges happen each year and readers may be interested in understanding their options if these damaging claims are lodged against them.

Important considerations about child custody in Virginia

On behalf of Coates & Davenport, P.C. posted in Child Custody & Parenting Plans on Tuesday, October 29, 2019.

Parents who divorce or separate in Virginia and who must come up with workable solutions to their co-parenting needs may find themselves negotiating child custody plans between themselves. Child custody refers to the arrangements that parents or courts make to establish how a child will be cared for, where the child will live, and who may make decisions about the child's upbringing. Both legal and physical custody are important matters that must be worked out in custody and parenting plans.

In some situations, parents may be able to work together to create their own custody solutions that prioritize their children's needs. These plans may be parent generated and approved by the courts to stand as custody agreements. Often parents seek the support and guidance of family law attorneys when they endeavor to undertake these important legal negotiations.

What issues should be assessed before opening a business?

On behalf of Coates & Davenport, P.C. posted in Business Law on Tuesday, October 22, 2019.

Starting a new business may be the dream of many Richmond residents, but not everyone takes the plunge to open an entity of their very own. That is because opening a new business is complicated and somewhat risky. Though there is no way to guarantee that a new start-up business will have enduring success, there are a number of important considerations that should be seriously weighed before its owners officially open their doors for business.

For example, prospective business owners should evaluate if there is a need for the service or goods that they plan to offer. Prospective start-ups that do not know if or how they will break even may not have strong business plans for success. One aspect of planning that some prospective business owners fail to fully consider is what legal structure their entity will take on.

Dividing marital property is easier said than done

On behalf of Coates & Davenport, P.C. on Friday, October 18, 2019.

You're closing in on the divorce process when you begin to realize that you have many questions about how to best divide marital property. While you'll do your best to fight for what you deserve, you can expect your soon-to-be ex-spouse to do the same. And that's where the challenge lies.

Marital property has the potential to be a sticking point in any divorce. There are basic steps you can take to protect against trouble, such as:

Understanding the difference between separate and marital property
Uncovering any assets the other individual is attempting to hide from the court
Realizing that the presumption of equal sharing is a myth

Preparing custody schedules during the busy holiday season

On behalf of Coates & Davenport, P.C. posted in Child Custody & Parenting Plans on Thursday, October 17, 2019.

In a matter of weeks, children all throughout Virginia will don costumes and take to the streets to trick-or-treat with their friends and family members. Halloween is a fun evening for kids but also the start of what many people consider the end-of-year holiday season. Once Halloween is over it is only a few weeks until Thanksgiving, which is then closely followed by Hanukkah and Christmas, and shortly thereafter followed by New Year's Day.

The holidays can be a special time of year for families but also a time of stress and frustration for those who share their children with their exes. When parents struggle to balance the needs of their kids with their desires to be with their children on the most celebrated days of the year, difficult conversations can occur between former partners. For parents who want to smooth out their custodial differences during the holidays, now is a good time to start.

Financial planning during marriage can help ease divorce burdens

On behalf of Coates & Davenport, P.C. posted in High Asset Divorce on Wednesday, October 9, 2019.

Weddings are often joyous occasions where individuals come together with their families to celebrate their love for new partners. Weddings are also major undertakings that require a lot of advanced planning, careful consideration, and work. When planning weddings and preparing for their futures with their partners, Virginia residents can also take on another important planning responsibility that may save them time and stress down the road: planning for their divorces.

There is nothing less romantic than anticipating one's divorce while preparing to wed, but statistics suggest that around half of all American marriages do end up terminating in divorce proceedings. Without some idea of how money, property, and other assets may be divided, couples can find themselves fighting over their wealth while working to end their relationships. Certain pre-marriage actions can help individuals prepare for divorce without completely destroying the joy of their wedding day.

Four Decades Of Legal Excellence