Without a prenuptial or postnuptial agreement, your marital property and debt division will be divided according to the equitable distribution model of Virginia divorce law. That model may not be to your advantage should your marriage lead to divorce. That is why you should seek the help of our firm. Additionally, qualified representation is essential to ensure that your agreement complies with Virginia law and in written in specific and clear language. Our firm can help you negotiate the terms of your agreement followed by the drafting of a contract that clarifies those terms without ambiguity. We bring knowledge, experience, and diligence to your prenuptial and postnuptial matter.
Child Support
Children need and deserve financial support from both parents when the parents no longer share a family home. Under Virginia law, child support is a mandated obligation for separated, divorced, or unmarried parents. Generally, the noncustodial parent provides child support payments to the parent who retains primary physical custody of the child.
Child Custody and Visitation
Child custody and support are often divisive issues in pending divorce cases, post-divorce situations, and between unmarried parents. Because they involve the well-being of children, they strike close to the hearts and minds of parents. As a parent, you want to continue having a close and meaningful relationship with your child. You also want to ensure your child receives the financial support needed throughout childhood to meet his or her needs. This matter is also vitally important to family court judges who must always consider the child’s best interests.
Adoption
Premarital Agreement
Prenuptial and postnuptial agreements have become increasingly popular among Virginia couples. These agreements are written contracts that are recognized under Virginia law. If properly created according to legal standards, they can be enforceable and provide a way to protect your assets should your marriage end in divorce or death. While they are commonly associated with celebrities and high net-worth individuals and couples, they are beneficial for many who may have specific needs in ensuring that their beneficiaries have financial protections, such as individuals who have children from prior marriages or relationships.
Spousal Support
The division of marital property as well as spousal support are two issues that must be addressed and resolved in a Virginia divorce. Because they deal with finances that can greatly impact your future, they are often contested and can become highly-charged. If you and your spouse can come to an agreement between yourselves on these matters, you can submit your agreement to the court for approval. However, where you cannot reach such an agreement through negotiation or mediation, it will be left up to the court to decide these issues based on Virginia law and precedent.
Getting pulled over by the police is a scary experience, especially if you have been drinking. Drunk driving offenses carry stiff penalties. If you have been arrested for a first-offense DUI, you likely have many questions and fears running through your mind.
Wrongful Death
Wrongful death. This occurs when the negligence of another party injures a victim so severely that it leads to death. Family survivors can file claims for damages against the at-fault party/insurer.
Traffic Violations
Defense of truck drivers, college students, motorcyclists and other private motorists is as much an art as a science. Attorney Jason V. Wolfrey and Attorney Chelesea Vaughan, upon careful consideration of the facts, often discovers that a police officer’s supposed evidence does not match up against the alleged traffic violation. They are skilled negotiators who have achieved many favorable outcomes for drivers who had been charged with breaking traffic laws.
Sex Crimes
A criminal conviction on your record can ruin your professional opportunities and goals. Do not underestimate the importance of hiring skilled legal representation before it’s too late.
Robbery
Jason Wolfrey is an experienced courtroom litigator. In his years as an Assistant Commonwealth’s Attorney in Pulaski County Virginia, Mr. Wolfrey handled all manner of criminal matters from traffic and DUI related offenses to several high profile jury trials on charges including, murder, rape and robbery. As a graduate of the University of Akron School of Law, Mr. Wolfrey is a veteran of Akron’s nationally acclaimed trial team. Mr. Wolfrey represented Akron in numerous regional and national mock trial tournaments and took 1st Place in the Landskroner Closing Argument Competition. Mr. Wolfrey’s practice is now primarily concentrated in the areas of Criminal Defense including DUI and traffic related matters. Mr. Wolfrey also handles general civil litigation and small business matters.
Theft
Misdemeanors
Selling or giving someone illegal drugs or prescription drugs can be a misdemeanor or felony offense that carries harsh penalties if convicted. A skilled defense attorney can protect your rights so you can still obtain your future goals.
Drug Crimes
This is not a “small business friendly” industry in any sense of the phrase. While our General Assembly has attempted to make it so in the current draft of the legislation, there are far more aspects to take into consideration than our own state law. Many cannabis ventures, even initially heavily-capitalized ones, do not make it. For an average “mom-and-pop”, it is nearly impossible. Marijuana is still an illegal substance under the Federal Controlled Substances Act. The federal statute prohibits the production, distribution, sale, use, or possession of marijuana, and provides no exception for medical or other uses that are now authorized by Virginia law. This means that no federally-backed small business loans are available to small businesses starting in this industry. It also means that small businesses are denied federal income tax deductions for ordinary and necessary business expenses, except cost of goods sold, per the infamous IRS Section 280E. Couple the denial of business expense deductions with regulations that require far more business expenses than almost any other industry, and this is not a field that many can afford to play on. As an attorney, our job is to assist you and your business with navigating these and many other challenges produced by this conflict between state and federal law.
Assault
You have rights if you have been arrested for getting into a fight. Assault and battery charges should be taken seriously. Hiring the right attorney is the first step in protecting your rights and your future.
Murder
Shoplifting
A theft or shoplifting charge could ruin your entire career before it’s even started. If you have been charged with theft or shoplifting, you need an experienced attorney to protect your rights.
Restraining Order
Unfortunately, domestic violence impacts many individuals and families across the United States. In Virginia, laws have been established that make it a crime to engage in or attempt to engage in acts of family or household violence, Additionally, it is a crime to violate protective orders (restraining orders) issued by family courts to protect abused individuals and their children against these acts and threats.
Caroline Gallagher is a Partner at Magee, Goldstein, Lasky, & Sayers. She was born in New Jersey and raised in North Carolina. Ms. Gallagher worked for almost a decade as general counsel for a financial advising firm and has an extensive background in compliance, finance, corporate formation, and business law. Since joining private practice, Ms. Gallagher has been working with businesses entering the cannabis industry here in Virginia. Cannabis is an emerging area of the law in the Commonwealth and involves numerous complex regulations and strict compliance with Virginia-specific laws. Ms. Gallagher’s background in the regulation and compliance heavy industry of finance has given her an edge in this new space that she leverages to help her clients operate successfully in this industry.
Mergers and Acquisitions
Aside from our extensive experience and long-standing presence in the area, our team brings a host of awards, recognition, and capable background experience. Our team includes an attorney who has earned the highest peer-reviewed rating of AV Preeminent® from Martindale-Hubbell® as well as Super Lawyer listings from 2008 to 2021, an attorney named in Best Lawyers in America, a former Assistant Public Defender, and a former Assistant Commonwealth Attorney. Our litigation team has an extensive background of proven results in business law, real estate, securities and tax law, franchising, mergers and acquisitions, finance, corporate formation and compliance, bankruptcy, debtor and creditor rights, immigration, criminal law, family law, and cannabis law.
Business Disputes
Limited Liability Companies
With this form of bankruptcy, a business creates a reorganization plan that spells out how it will pay its financial obligations. It has up to four months after a petition date to propose a reorganization plan. The court may extend that to 18 months, after which the creditors can propose their own reorganization plan. Individuals with a substantial amount of money who do not qualify for Chapter 7 or Chapter 13 bankruptcy can file for Chapter 11 bankruptcy. However, it is primarily used by businesses, partnerships, and limited liability companies.
Personal injury and wrongful death claims are based on the assertion that the at-fault party owed the victim a reasonable duty of care which was violated resulting in a preventable accident and injuries. These injuries resulted in specific losses and damages, such as past and predicted future medical expenses, lost wages or income, pain and suffering, property damage, emotional anguish, and more. The damages you will receive in any claim or lawsuit will be specific to your case and must be backed up and documented by supporting evidence. Fault must also be demonstrated in order to prevail in your claim or lawsuit.
Auto accidents. These are the most common cause of personal injury claims and lawsuits in the state. They are typically caused by inattentive drivers, distracted and drunk drivers, and drivers who fail to follow traffic laws.
Medical Malpractice
Medical malpractice and healthcare provider negligence. These professionals are held to accepted medical standards and when they fail to comply can cause additional health problems, injuries, or even death in patients.
This is a complex process that requires the guidance of knowledgeable Roanoke chapter 11 bankruptcy lawyers. At Magee Goldstein Lasky & Sayers, PC, we have extensive experience leading businesses through the process. Contact our firm today to begin.
Foreclosure
A common concern when excessive debt hits is whether you will lose your home. You may have received multiple notices from a lender that it is preparing to foreclose on your house. It may be possible to hold on to your home and reset your financial life, but it is important to act quickly. Once a lender has initiated foreclosure proceedings, it is not required to involve the courts and it becomes significantly more difficult to stop foreclosure.
Tax Law
Debt Collection
Through Chapter 7 bankruptcy, it is possible to erase unsecured debt (including credit card bills, medical bills, utility bills, and personal loans), prevent foreclosure on a home, and stop debt collectors from harassing you with phone calls, emails, and other debt-collection activity. The attorneys at Magee Goldstein Lasky & Sayers, PC can guide you through the process and help you reset your financial foundation.