Shenandoah Valley Legal Blog

What if you want to move away after your divorce?

On behalf of Miller, Earle & Shanks, PLLC posted in divorce & family law on Monday, June 24, 2019.

Among the more difficult aspects of a divorce is moving on from the memories of your relationship with your ex-spouse. Oftentimes, doing so may prompt you to want to move away from Harrisonburg. There are may be scenarios where you are asked to relocate as a condition of your employment. Whatever your reasons for wanting to move, actually doing so can be difficult given your custodial situation. You moving away can impact both yours and your ex-spouse's relationship with your kids. Thus, family courts take the issue of parental relocation very seriously.

According to Section 20-124.5 of the Code of Virginia, you are required to provide both the court and your ex-spouse with notification of your intent to move at least 30 days prior to your proposed relocation. The only exception to this would be special cases where the court deems such notice to be unreasonable (such as cases of abuse where you and/or your children are being victimized by your ex-spouse). If the move is significant enough to make your current custody arrangement unmanageable, the court will likely order a hearing to modify it.

How do you handle a traffic stop?

On behalf of Miller, Earle & Shanks, PLLC on Wednesday, June 19, 2019.

A police car in your rearview mirror is seldom a good thing. If you are lucky, you will receive a warning for a mechanical issue on your vehicle. More likely, however, the officer is about to inform you of an infraction or violation that may result in anything from a minor disruption to a major change in your life.

In some cases, the actions of the driver can take a simple traffic stop and turn it into something much worse. One smart thing you can do to prevent this happening to you is to educate yourself about your rights and the limitations of police when they pull you over.

4 killed in Virginia church van crash

On behalf of Miller, Earle & Shanks, PLLC posted in motor vehicle accidents on Tuesday, June 4, 2019.

Members of a Baptist church in Shiloh, Virginia, are in shock following news that four members of their choir are dead after a pickup truck allegedly rear-ended their van last Wednesday. Eleven choir members were traveling to another church for a revival after receiving an invitation to sing there. The accident occurred outside the second church in Ford, Virginia, as the van slowed down on route 460 to turn into the parking lot.

Following consultation with prosecutors, authorities expect to file charges against the 47-year-old male driver of the pickup truck, who sustained only minor injuries. The collision between the two vehicles caused the pickup to hit a guardrail after running off the left side of the road. At the same time, the church van came to rest on its side to the right of the highway after rolling over several times.

What are principal and income in a trust?

On behalf of Miller, Earle & Shanks, PLLC posted in estate planning & administration on Monday, May 20, 2019.

There are two types of assets associated with a trust in Virginia: principal and income. It is important to know the difference when you create a trust because you will have the option to have your principal distributed one way and your income distributed in a different way to maximize the benefits that the trust pays out.

According to the American Bar Association, the term "principal" refers collectively to whatever assets you place within the trust. "Income" refers to any monetary returns from the property. Appreciation of the assets could constitute income, as could dividends, interests and rents.

The broad and important legal realm of estate planning

On behalf of Miller, Earle & Shanks, PLLC posted in estate planning & administration on Wednesday, May 15, 2019.

A Virginia resident from the Shenandoah Valley region or elsewhere in the state might understandably balk when considering estate-linked questions and contemplating the creation of an estate plan.

After all, the subject matter can seem a bit elusive and dense. Many people know that sound estate planning focuses on the execution of a will, but they are not sure what else from the realm might be relevant.

Common reasons for accidents that occur on the highway

On behalf of Miller, Earle & Shanks, PLLC posted in motor vehicle accidents on Thursday, May 2, 2019.

In 2017, there were nearly 130,000 car crashes, resulting in over 840 deaths and over 65,000 injuries on Virginia roads. Many of these accidents happen on the highway, but what is the cause?

How to co-parent effectively after divorce

On behalf of Miller, Earle & Shanks, PLLC on Wednesday, April 24, 2019.

Parenting is a rewarding but difficult job to have. Though you and numerous other Virginia parents undoubtedly want the best for your children, you may not always feel as if you are doing a good job raising them. Of course, all parents have these concerns, and major life changes like divorce may make them even more prominent.

You and the other parent certainly put a great deal of thought into how the divorce would affect your kids. If you remain amicable toward each other, you may have even discussed various arrangements for child custody before your divorce even got fully underway. In particular, you may have hopes of co-parenting after ending your marriage.