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  • The Impact of Retirement on Spousal Support

    What happens when a former spouse has been ordered to pay spousal support indefinitely, but now wants to retire? In the past, some Virginia courts ruled that the payor's retirement - even if at a normal retirement age - does not warrant a reconsideration of spousal support. This created quite a predicament for a payor who wanted to retire but didn’t know whether he or she would be able to obtain a ...
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  • Cohabitation before Marriage and Its Impact on Divorce

    Many couples live together for years before deciding to tie the knot. During long periods of premarital cohabitation, what happens when couples mingle finances or contribute to the value of each other's assets? What if most assets are in the name of only one spouse? In Virginia, marital property and debts are divided in divorce under a system called “equitable distribution.” The equitable ...
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  • Meet Stephen K. Lewellyn

    Stephen K. Lewellyn , a partner with Davies, Barrell, Will, Lewellyn & Edwards, PLC, has been with the firm since graduating law school. What types of law do you practice? My practice is in two areas. The first is business law , which includes establishing and organizing entities, such as corporations, limited liability companies, and other business consulting work, as well as commercial ...
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  • Changes are Coming for Alimony Taxation

    The new tax law will have a big impact on families going through a separation or divorce. Alimony (known as spousal support in Virginia) has long been considered taxable income for the recipient and deductible from the payor’s income. Beginning January 1, 2019, that deduction is repealed. In other words, the payor of spousal support will be responsible for paying taxes on that income, not the ...
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  • Meet Stephen P. Will

    Meet Stephen P. Will , a partner at Davies, Barrell, Will, Lewellyn & Edwards, PLC . He has been with the firm since 1976. What types of law do you practice? Primarily, I practice real estate transactions and wills and estate planning . How did you choose these practice areas? This evolved. When I first started practicing at this firm, each individual attorney was a general practice attorney, and ...
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  • Meet Elizabeth Thorne

    Meet Elizabeth Thorne , a partner at Davies, Barrell, Will, Lewellyn & Edwards, PLC. , who has been with the firm since 2006. She is a litigator with a focus on Family Law . Why did you choose to practice Family Law? The law can be complicated and clients are sometimes dealing with the hardest times and biggest transitions they’ll go through in their lives. When families confront such important ...
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  • Meet Rex L. Edwards, Jr.

    Meet Rex L. Edwards, Jr. , a partner at Davies, Barrell, Will, Lewellyn & Edwards, PLC . He has been with the firm since 1992. What areas of Law do you practice? Primarily Family Law and Personal Injury What is it about these areas of legal practice that bring you to work every day? The human contact. I represent people who have difficulties and it’s rewarding to feel like I’m making a difference ...
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  • What to Say After a Motor Vehicle Accident

    The number one rule after a motor vehicle accident is do not give a statement to any insurance company about the accident until you have spoken to a qualified attorney . There are no exceptions to this rule. You, or someone on your behalf, should report the accident to your own insurance company as soon as practical. But you do not want to give a statement about the accident. This can be difficult ...
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  • What the Surgeon General Hasn't Told You

    Most of us in Virginia and across the U.S. are familiar with warnings from the Surgeon General. The “WARNING”, outlined in a thin black box on tobacco products, informs consumers about the dangers of smoking. In turn, this has raised the public’s overall awareness of the dangers, not only of the nicotine found in most cigarettes, but also of secondhand smoke. The warning sign, however, says ...
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  • Are There Risks to Using Social Media in Litigation?

    Even though you might believe that your account is private and you have ensured your privacy settings are switched on, you may be surprised to learn that your social media posts are not actually private. Social media has quickly become an instrumental tool in litigation, in many different types of cases such as personal injury, criminal charges, family law matters, employment law, and much more. ...
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  • $1.8 Million Jury Award In Wrongful Pregnancy Case

    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE. Stephen K. Lewellyn , senior litigation attorney at Davies, Barrell, Will, Lewellyn & Edwards, PLC of Culpeper, recently won a jury verdict for $1.8 Million in the Newport News Circuit Court for a client in a case involving a medical malpractice claim ...
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  • How Is Child Support Calculated in Virginia?

    Child support is calculated using many variables, including the parents’ wages and other forms of income. There is not a set formula for calculating child support; rather, the judge who is overseeing the case will review the variables to find a conclusive solution. The factors to consider often involve reviewing the parent's income, but also the parent’s ability to provide support, the amount a ...
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  • Why Not Creating a Will Places You at a Disadvantage

    Davies, Barrell, Will, Lewellyn & Edwards, PLC has long been an advocate for protecting your family, your best interests, and especially the wealth you have created. The recent passing of the pop superstar and songwriter, Prince, has caused a stir for those concerned about the status of his estate. He died with an estimated accumulated wealth of around $300 million. The issue is, though, that ...
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  • "Grandparents' Rights" and Kinship Care

    Kinship care is when grandparents or other extended family , step in and take care of children. This can happen if, for any reason, the parent is unable to provide for the child. It may be due to the loss of one’s job, problems with drug or alcohol abuse, or other circumstances that would not make it possible for them to provide proper care to their children. Parents may approve or even encourage ...
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  • Minimum Insurance Leaves Drivers Vulnerable to Uninsured and Underinsured Negligent Drivers

    If you drive a car in Virginia, you are required by law to carry liability insurance of at least $25,000 of coverage per claimant with a cap of $50,000 if multiple claims arise from the same accident. There are additional optional coverages to complete what people often describe as “full coverage”. Many people, however, who believe they are adequately protected because they have “full coverage,” ...
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