Smith Strong, PLC

Products And Services

• Virginia Divorce Attorneys with Legal and Emotional Intelligence- true "Counselors at Law"

  People grow apart, communication breaks down, affairs happen, financial stress mounts, and disagreements escalate to non-stop fighting--and then the search for competent, professional, prepared legal counsel begins--but which one to choose? At Smith Strong, we understand the hurt and pain our clients experience in the midst of these tough questions, so we believe our award-winning service to our client members makes the transition just a little easier. We want to make sure you are able to begin your new life financially secure, and as quickly as possible. If you aren't ready to talk yet, or you would simply like to learn a little more about divorce in Virginia, please get our book as an instant download, The 7 Essential Steps for Divorce Planning in Virginia, or our free e-book, The Ultimate Guide to Divorce & Custody in Virginia. You may also purchase the hard copy of attorney Van Smith's book on Amazon. All new clients receive this book during their first meeting with our firm.

  Link: Virginia Divorce Attorneys with Legal and Emotional Intelligence- true "Counselors at Law"

• Our Approach to Divorce at Smith Strong, PLC

  Most clients are relieved to learn that attorney Van Smith and his team report that over 75% of his divorce clients never set foot in a courtroom. This only happens when clients come meet with us early in the divorce process and allow us to uniquely craft settlement agreements after our efficient negotiation process. Often the other spouse, because of our reputation for integrity and professionalism at this stage of divorce, do not feel the need to even hire their own attorney. We believe our negotiation is aided by our calm, but thorough manner at the settlement table not only with our clients, but with the opposing spouse as well. If we were honest, however, at times it does help to have a reputation for legal strength in the courtroom. For the remaining 25% of our divorce clients, however, court is needed to establish the plan of action our firm sought in settlement. For these clients, attorney Van Smith and his team are in court every week from the Richmond metropolitan area to Williamsburg, Virginia. Understand, if you have tried to reach an agreement and are stuck because your spouse refuses to accept the terms of a civil transition, or because your spouse is making unreasonable demands on your property or trying to take the children from you--court may be needed. Don't despair. Court was built, in the divorce context, to bring these unreasonable, irrational individuals back into the fold to accept a reasonable plan. Our firm carefully weighs your in-court options with you--not with some vague notion of 'aggressive' as other firms so quickly applaud themselves--but to strategically deploy litigation, in some cases, in order to achieve the desired outcome, and only when needed. Our experience day-in, day-out in court will assist you in knowing what settlement offers to make and accept. This role as trusted legal advisor to our clients brings true peace of mind. Our complex litigation experience in the courtroom, we find, enables us to guide our client-members effectively toward positive settlement outcomes. The experience our clients have with us often leads to a long term attorney-client partnership as our business owner-clients and our high net worth client-members face other civil litigation actions or need a trusted legal advisor to negotiate other legal agreements. Of course, we also are pleased to report our firm is built on the referrals from past clients who become raving fans of our approach through one of the most difficult chapters of their life.

  Link: Our Approach to Divorce at Smith Strong, PLC

• You Need Not Just the Right Attorney, But a Professional Team

  We believe the best Virginia divorce attorneys keep their clients off the front page of the newspaper, by discreetly negotiating outcomes that enable our clients to proceed with dignity and financial security. Skilled negotiation is informed and enabled by in-court, complex litigation experience of their attorney. To prepare for litigation, however, requires an attorney to develop a team of highly trained problem solvers to assist in preparing matters for resolution. This is why it is critical that you consider not just the attorney but the team around that attorney you choose. The team ensures speed of outcome. The team prepares the case alongside the lead attorney to empower our clients to make the best decisions for their divorce and property division. If you are thinking of filing for divorce in the metropolitan Richmond or Williamsburg areas, contact Attorney Van Smith and his team at Smith Strong, PLC for a SMARTSTART Comprehensive Case Preparation Meeting at 804-325-1245 or 757.941.4298.

  Link: You Need Not Just the Right Attorney, But a Professional Team

• The Highest Standards of Legal Excellence to Represent Our Client's Best Interests

  Learn more about our firm's award-winning approach to divorce in attorney Van Smith’s new book from the Legal Strength Series: The Ultimate Guide to Divorce and Custody in Virginia: Quickly Get Back to Fully Living Your Life, which can be immediately downloaded from this website. We cannot be successful at Smith Strong unless we are listening carefully to our client-members, ensuring their voice is heard, their needs met--each day. Though our experience informs our advice, each client brings unique interests and goals that inform our plan of action. This requires humility amongst our team--that without first listening carefully to our client's needs we cannot possibly achieve their definition of a successful outcome. We then communicate with our client's voice and goals in mind. It is this skillful communication that also sets us apart from our peers. That adaptation to our client's mindset and viewpoint, matched with our experience and training, leads to raving reviews found online among our past clients. After careful planning with our clients, we act decisively on behalf of their interests.

  Link: The Highest Standards of Legal Excellence to Represent Our Client's Best Interests

• Why Attorney Van Smith and His Team at Smith Strong, PLC?

  Attorney Van Smith and his team have an established reputation in central Virginia for honest, effective, professional representation of individuals facing complex divorce and custody matters. Van was groomed from childhood to be an attorney, happily shadowing attorneys at McGuire Woods at the early age of 12 years old, then clerking for attorneys and corporate law firms (18-26 years old, among other places, for United States Senator John Warner, McGuire Woods Consulting, Williams Mullen, among others), then serving as an associate attorney (Williams Mullen--corporate litigation) and now owning [at the unheard of age of 31, Van began in January 2012] one of the leading family law firms in the Commonwealth of Virginia. This trajectory was not by accident. This standing amongst his legal peers developed over years of in-the-trenches experience alongside some of the most highly regarded attorneys in the nation, period, and working for Washingtonian magazine-listed best divorce lawyers in Virginia (and even the then immediate-past President of the Virginia State Bar). Taking what he learned from these attorneys and mentors at such prestigous downtown Richmond law firms as McGuire Woods, Hunton & Williams, and Williams Mullen, attorney Van Smith has become a sought after legal advisor in the field of complex divorce, property division and custody matters. If you value the skill honed from corporate legal training to then be applied to your personal, divorce matter--look no further than attorney Van Smith and his team at Smith Strong, PLC. We were built for you. Call us if your matter demands professional, prepared representation.

  Link: Why Attorney Van Smith and His Team at Smith Strong, PLC?

• STEP 1

  Don’t leave the marital residence until you get the OK from your attorney. Particularly when there are children involved or spousal support issues to consider, leaving the marital residence too soon can lead to unintended bad consequences for your case. If domestic violence is an issue, by all means, leave--but in most other cases you are far better to consult an attorney before moving out. Moving out is usually the “first step” to a divorce for most couples. Get started on the right foot, however, and make the first step getting the “OK” from your attorney

  Link: STEP 1

• STEP 2

  Make a one-page summary of your finances. TV financial guru Suze Orman is fond of saying, “Stand in your truth,” when it comes to your financial picture. Oftentimes your financial snapshot will be difficult to assemble. We’ve had client bring in shoeboxes of tax files, retirement statements, and credit card bills to their first consultation—and that’s OK. Still others bring detailed accounting statements from their personal accountants. If possible, jot down your finances on a one-page summary. Take a blank sheet of paper. Picture four columns running from left to write on the page: (1) type of account; (2) institution; (3) account #; and (4) balance. Then outline your: Bank accounts; Car loans; Home loans; Credit card balances; Retirement accounts; and Investments. At the bottom of the page, include your income and your spouse’s, along with the income of any businesses. Extra Credit: Attach pay stubs and W-2 tax forms to this one-page summary

  Link: STEP 2

• STEP 3

  Prepare your ideal parenting plan. Every family is unique. Each family has its own way of doing things. You should begin thinking about how two parents will now parent—apart. Coordinating work schedules, medical appointments, school and extracurricular activities, holidays, weekends, and summer breaks will need to be carefully considered. When we meet, we can balance your drafted plan with what the courts in our area typically award. Your creative plan will be balanced with our experience to get it done— teamwork is essential here. Begin maintaining a journal and calendar of your role and your spouse’s role with the children. This journal will come in handy as we prepare the statutory-based custody factors that every court must consider prior to awarding custody and visitation

  Link: STEP 3

• STEP 4

  Itemize property & debt.
An accurate list of property and debt, along with supporting documentation, is critical to a successful transition. General records to assemble: • Tax returns & pay stubs • Account statements (supporting docs from step 2) • Loan statements, including title information (cars, houses) • Inventory and pictures of household furnishings, etc. 
 Debts to list and photocopy supporting documentation of: • Mortgages, equity loans, other debts • Car loans, debt secured by tangible assets • Outstanding student loans and tax obligations 
 Assets to list and photocopy supporting documentation of: • Marital residence, real estate holdings, timeshares • Intangible, financial assets, like stocks and 401-Ks • Tangible assets, such as cars, furniture, collections • Business interests Extra Credit: Prepare a snapshot of your monthly expenses—from eating out to car insurance—it is important for your attorney to know the lifestyle you wish to maintain.

  Link: STEP 4

• STEP 5

  Gather resources, secure passwords & establish a separate bank account. Set up a secure, separate bank account from your spouse, if you don’t already have one. Ensure the passwords to your email and social media sites are changed, and then secured. Legal fees are an unexpected expense on most household budgets. Don’t be left at a strategic disadvantage without counsel. Ensure your share of any joint account is removed and placed into a secure, separate bank account. The goal here is to leave both parties on equal footing, so don’t go overboard and take all of the money from a joint account. Ensure you have enough resources to retain competent legal counsel to see you through an effective settlement negotiation. This is the time to lean on friends and family for support. If not now, when?

  Link: STEP 5

• STEP 6

  Don’t date—[but if you do, don’t post pictures on Facebook…] You may have just the “right” person in mind to date… You’ve waited so long to be “done” with your spouse; you just need to take your mind off of everything… We’re just “friends” going out to dinner, anyway… The kids are with their grandparents, and I’ve really wanted to go see that movie… If that person is worth it, really, he or she will wait for you. Look, I know divorce is tough, but don’t date until your divorce decree is final. There are strategic, legal reasons for this advice, which we’ll talk more about it as we proceed. Trust us—don’t date

  Link: STEP 6

• STEP 7

  Pick your “dream team.”
 Divorce is one of the most, if not THE most difficult time in your life. You owe it to yourself to pick the very best team possible. You will need loved ones, a counselor (such as a therapist or clergy person), friends, and yes, even a lawyer. Ensure the lawyer you choose focuses on family law. Are the attorney and staff focused on you and your unique goals for the representation? Will they ensure you move through this transition as quickly and as cost-effectively as possible? Will your attorney act as a discreet advisor, if settlement is possible? Does he or she have trial experience if settlement won’t work? Do you have peace of mind as you leave the initial consultation? If you assemble your dream team—you’ll never regret it.

  Link: STEP 7

• Create a Solid Child Custody, Visitation and Support Schedule and Plan for Your Family

  Most parents don't want their children to know that mom and dad are not getting along, but when you are dealing with custody and child support issues, negative feelings and emotions can quickly rise to the surface. It can be hard to put your differences aside when you feel like you are not being treated fairly and someone else isn't holding up their end of the bargain. The most important thing to remember when dealing with child support and custody arrangements in Virginia is that they exist for the best interests of your children. The court wants to see your children thriving in the proper custody situation and establishes child support orders to help them grow and live in a positive, productive environment. Determining custody is not like dividing up property in a divorce: Who gets the house and who gets the boat? Your children are human beings with feelings and needs, and it is vital that parents remember that as they make important custody decisions.

  Link: Create a Solid Child Custody, Visitation and Support Schedule and Plan for Your Family

• Child Custody and Support For New and Existing Orders

  Whether you are recently divorced and hoping to create a new, stable arrangement, or you already have child custody and support orders in place but feel frustrated that your ex-partner isn't following the rules, we can help. Our clients face a variety of different issues and roadblocks and Smith Strong has experience dealing with a wide array of child custody, visitation and support issues. Here are some common concerns we hear from people just like you, each day: I need the court to create order and structure for this chaos we call a visitation schedule. The non-custodial parent hasn't paid his outstanding child support in over six months and I don't know what to do. I don't think shared custody is right in this case. Can we prevent that? The holidays are so important to me. How do I ensure I get to see the kids on Christmas Eve and Christmas morning? He just got a big promotion, or found someone new, and is no longer interested or engaged in the kids' lives, nor paying his support to the kids. I don't want to fight about this and worry every week for the rest of my life; I need this figured out once and for all. What do I do next? I am doing all of the work to keep the kids straight, but then my ex-partner is filling their heads with lies and alienating them from me. I need an expert who understands the local courts and judges to ensure that we are ready and prepared for our court hearing. I'm just tired of the endless stream of demeaning text messages from the co-parent.

  Link: Child Custody and Support For New and Existing Orders

• Representing Parents from Richmond to Williamsburg, Virginia

  Creating child custody, visitation and child support orders can be a very personal process, and having a third party involved to keep things straight is essential. Attorney Van Smith and his team at Smith Strong have been helping Virginia families prepare their child custody, visitation and support cases for a number of years; and hope to add some structure and normalcy to your life, too. Constant fighting and disagreements are exhausting and no one wants to deal with the stress and uncertainty of that every single day. As a Virginia family law attorney, Van Smith will work with you to bring that peace and calm to your custody and support agreements and make sure you can get back to enjoying the more important things in life—such as your children. With offices in Richmond's West End and Southside, as well as a new location in Williamsburg, we are always available to speak with you. Call Smith Strong today at 804-325-1245 to discuss your child custody, visitation or support matter further or to schedule a SmartStart Comprehensive Case Preparation Meeting.

  Link: Representing Parents from Richmond to Williamsburg, Virginia

• The Stakes are High in Most Child Custody, Visitation and Support Cases

  The stakes are raised in child custody, visitation, and support cases. Why? Time can and oftentimes does heal the wounds an adult may suffer through the transition of a family law matter, but children typically don’t have the emotional fortitude to get through a traumatic separation from parents unscathed. Study after study suggests the damage to trust and future relationships is real and lasting. So, it’s important to handle child custody, visitation, and support cases delicately. For parents, this means avoiding parental alienation at all costs. This means, whatever is going on between the parents in court or in the lawyer’s office, upon returning home, the child should remain blissfully ignorant of any parental animus. Parental alienation is typically easy to brush off in the abstract, but a single flash can trigger a brush fire. We’ll explain. A parent will be cruising along with a stiff upper lip towards the custody battle. Then, in a moment of weakness, perhaps a long day at work, a night of poor sleep, just before dinner, a child will come to that parent and whine about a missed event or a diminished expectation. A parent will break down, wanting to transfer blame. “Well, if you really want to go to that summer camp, ask your father! He apparently doesn’t care about this family!” That leads to a call, “Dad, how come you don’t care about us?” “What!?” “Well, that’s what Mom said…” And it begins. The pact is broken and the child becomes a new front in the custodial war. Understand the far-reaching impact of parental alienation and make a commitment: whatever happens or is said between the two of you, to the kids, you and your former spouse are the best parents on the face of the earth. No matter what. Ten or fifteen years ago in Virginia, fathers could assume that the mother would be almost guaranteed primary custody, and the “every other weekend, two weeks in summer” routine would begin. Not anymore. Increasingly, shared legal and physical custody is the norm.

  Link: The Stakes are High in Most Child Custody, Visitation and Support Cases

• The Difference Between Legal & Physical Custody

  Think of custody like the trunk of a tree that splits in two—legal and physical. Legal custody is the portion of custody that relates to important, potentially life-altering decisions that arise in the course of a child’s life. Decisions such as religious preference, public or private school, medical treatments, discipline, and travel, among others. On the other hand, physical custody at its most elementary level is, with whom is the child spending the day or night? Primary, physical custody represents who has the child the majority of the time. The number of additional days that a child spends with one parent over the other typically means that the parent with extra time will likely become eligible for more child support. Once one parent has less than 90 days or overnights per year, child support calculations increase for the other parent considerably.

  Link: The Difference Between Legal & Physical Custody

• Shared Custodial Arrangements are Increasingly Ordered in Virginia Courts

  To generalize, shared custodial arrangements mean that dads are getting more time and paying less in child support than they were even ten years ago, adjusted for inflation. This kind of arrangement is not guaranteed, of course, but with good legal representation and a clean behavioral background, shared custody is now on the table in most courts in Virginia. If the idea of shared custody is impossible for you to fathom, and you are facing a resulting custody battle, choose counsel wisely. To avoid a courtroom drama, you must have a spouse or co-parent who also wants to avoid an irrational battle. Actor Alec Baldwin of 30 Rock fame wrote a book on his own multi-year custody battle. In A Promise to Ourselves: A Journey through Fatherhood & Divorce, he details his series of attorneys (until finding the right one), an overwhelmed system that couldn’t effectively process his complicated case with any expediency, and the ravages of parental alienation syndrome on his child. Whenever possible, as we suggest in our divorce cases, it is best to attempt agreement out of court. In the midst of a divorce, this means additional provisions to outline child visitation, custody, and support within the Marital Settlement Agreement. After a divorce or where the parents never married, custody and visitation issues can be resolved outside of court through a Consent Agreement, that is ratified by the judge in court through a Consent Order. Where settlement is not possible, an experienced trial attorney who focuses on family law cases is essential. And as in divorce, preparation is key. Gather and organize any and all medical and daycare related expenses. Keep a detailed journal noting both parents’ time with the child[ren]. Record any outbursts or signs of aggression. Make a list of counselors, therapists or institutions visited by the child[ren] or parents. Gather a list of helpful witnesses that can support your case narrative. And above all, keep calm in front of the child[ren]. Our firm is in court nearly every week for complex custody cases. While we steer your case towards the goals outlined in that initial consultation, take special care to manage your emotions in front of the children, and ensure the children’s lives remain steady and consistent. With offices in Richmond's West End and Southside, as well as a new location in Williamsburg, we are always available to speak with you. Call Smith Strong today at 804-325-1245 to discuss your child custody, visitation or support matter further or to schedule a SmartStart Comprehensive Case Preparation Meeting.

  Link: Shared Custodial Arrangements are Increasingly Ordered in Virginia Courts

• Determining Child Support for Your Family

  At Smith Strong, PLC, we maintain sophisticated computer programs that can calculate the child support obligation of each family, based upon the following information, which you can bring to your first consultation with us: Monthly gross income of each parent; Spousal support payments received or paid; Prior child support orders (and arrearages); Total child care costs (daycare); and Health insurance premiums paid on behalf of the child. Our firm will also issue subpoena duces tecum (legal requests to send documentation, in this case, related to finances) on the opposing party, ensuring that the other party brings these items to court or sends them to our firm in advance of any court date, where possible. Call Smith Strong today at 804-325-1245 or 757-941-4298 to discuss your child custody, visitation or support matter further with attorney Van Smith or to schedule a SmartStart Comprehensive Case Preparation Meeting.

  Link: Determining Child Support for Your Family

• Maintain Your Standard of Living With Spousal Support in Virginia

  Ending a marriage can be sad for some people, but it can also be a bit scary when you’re not sure how you’re going to get by financially. Many spouses have been living in a certain situation for so long, that changing the way money is handled can be tricky and confusing. Luckily, when divorce is on the table, judges try to make sure that both spouses will be able to live in the same relative comfort that they did when they were married.

  Link: Maintain Your Standard of Living With Spousal Support in Virginia

• What Is Spousal Support?

  The basic concept is this: in many families, one spouse has the primary role of earning money for the household. The other spouse has offered non-monetary contributions, such as maintaining the household and raising children. Often this spouse will have sacrificed career or education plans, too. As part of a separation or divorce judgment, the wage-earner spouse may be ordered to give money on a regular basis to the other spouse; this is called spousal support or (after the divorce is final) alimony or maintenance. In contrast to child support, there is not generally a definite end date for spousal support. It’s really up to the court, but couples that have been married for 20 years or more will usually have permanent spousal support—although the word “permanent” is used loosely, because the support obligation ends when one of the spouses dies. If you were married between 5 and 20 years, the judge will often say a spouse is entitled to receive support for half the length of the marriage. So, if a couple was married for 10 years, one of the spouses could receive support for five years. Marriages that lasted less than five years will often not be granted spousal support at all, unless there is a specific circumstance that warrants it for a short amount of time.

  Link: What Is Spousal Support?

• Determining Spousal Support Amounts in Virginia

  If you are unable to come to a mutual agreement regarding spousal support, a judge will decide for you. When deciding on the amount, she will look at many different factors, including: The obligations, needs, and financial resources of both parties The standard of living established during the marriage The duration of the marriage The age, physical condition, and mental condition of the parties and any special circumstances of the family The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside the home The contributions (monetary and non-monetary) of each party to the wellbeing of the family The property interests of the parties, including real and personal property, and tangible and intangible property Each spouse’s earning capacity, including the skills, education and training of the parties and the present employment opportunities available The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training, and employment to obtain the skills needed to enhance his or her earning ability The courts just really want to see you and your spouse up in situations that allow you both to begin new lives as single people.

  Link: Determining Spousal Support Amounts in Virginia

• Your Divorce and Spousal Support Lawyer in Richmond and Williamsburg

  Whether you’re just looking for legal assistance with Virginia spousal support, or you would like a lawyer to see you through your entire divorce, Smith Strong, PLC is ready to help. As experienced Virginia family law attorneys with offices in both Richmond and Williamsburg, we have helped countless individuals find comfort and peace after their divorce. If you are seeking spousal support in Virginia, contact Smith Strong, PLC today at 804-325-1245 to schedule a SmartStart Comprehensive Case Preparation Meeting and to receive a copy of lead attorney Van Smith’s new book from the Legal Strength Series, The Ultimate Guide to Divorce and Custody in Virginia: Quickly Get Back to Fully Living Your Life. In this book, Van Smith provides expert advice on spousal support and divorce issues to keep in mind as you prepare your case for courts from Charlottesville to Richmond to Williamsburg, Virginia.

  Link: Your Divorce and Spousal Support Lawyer in Richmond and Williamsburg

• Discreetly Navigating Your Child's Driving, Alcohol or Drug Charge

  As family law attorneys, we know teenagers don't always think through their actions--or the consequences. At Smith Strong, we get it and will work hard to ensure their futures are secure and protected. And we work hard on behalf of our clients and their parents to ensure that this one-night mishap doesn't keep them from moving forward with their goals for college and future careers. It can be hard for a teenager to imagine that one night of drinking (and being caught in public) or taking a prescription or illegal drug (to sell or distribute) into a high school can cause so many long-term consequences. We work skillfully to educate your son or daughter, prepare a vigorous defense and oftentimes negotiate the result outside of court with the Commonwealth's Attorney appointed to the case. If your teenage son or daugther needs our help--we welcome your call to schedule a Smart Start comprehensive case meeting with you and your teenage son or daughter. "Van, I can't thank you enough! My 16 year old had gone out with friends and was picked up by a police officer who found him under the influence of alcohol, in public. Suddenly, he was facing a charge that could have kept him out of his first-choice college and kicked off his soccer team. Without your help, securing community service and eventual dismissal of the charges against him, I truly think it would have devastated his high school career. You gave him a second chance! And I'll make sure he never forgets it!!" --Tough Mother Love from a Concerned Parent, Summer 2013, Chesterfield County, Virginia Give us a call at 804.325.1245 (Richmond) or 757.941.4298 (Williamsburg) to meet and develop our plan of action with your son or daughter.

  Link: Discreetly Navigating Your Child's Driving, Alcohol or Drug Charge

• Don't delay! The sooner we can begin negotiating the outcome, the better!

  With offices in Richmond and Williamsburg, Virginia, Smith Strong, PLC and attorney Van Smith is ready to take your call about any family law issues you may be facing, including divorce, custody and support matters. You are also welcome to request a free copy of our book emailed to you instantly, titled The Ultimate Guide to Divorce & Custody in Virginia: Quickly Get Back to Fully Living Your Life. Call us today at 804-325-1245 or 757-941-4298 to schedule a SMARTSTART comprehensive case preparation meeting.

  Link: Don't delay! The sooner we can begin negotiating the outcome, the better!

• Preserving & Protecting Your Financial Assets

  Sometimes the easiest part of divorce in Virginia is deciding to get one. Once that is settled, property division can become a huge challenge for some people. Spouses don't want to seem greedy, but they do want to make sure that they get what they need or are entitled to. At our law offices in Richmond and Williamsburg, we can make sure your property is fairly distributed, either through mediation or via the court system.

  Link: Preserving & Protecting Your Financial Assets

• Virginia Calls For Equitable Distribution of Assets

  In the state of Virginia, unless you're able to completely agree on all aspects of property division, your marital property must be equitably distributed between the two spouses. This does not mean that your property is tallied up and then split 50/50; the courts will consider many different factors. The judge will look at the monetary and non-monetary contributions of each party to the wellbeing of the family, as well as to the acquisition and care of the martial property. When your property is being equitably distributed, the courts are generally only looking at your martial property—that is, all jointly titled property and any property acquired from the day you got married until the final separation. Separate property is what you owned prior to getting married, or after you were separated, plus any property acquired as an inheritance or a gift. Separate property is generally yours to keep, but if for some reason the value of some of that property increased during the marriage due to the active efforts of either party, it could end up being martial property. The entire process of determining marital property versus separate property can be especially exhausting after a couple has been married for a number of years because the line between "mine" and "ours" can get a little blurry. If you would really like to try and work things out on your own before letting a court decide for you, mediation is a wonderful option. Smith Strong will facilitate a productive discussion and help you work through a fair division of all of your property.

  Link: Virginia Calls For Equitable Distribution of Assets

• Contact a Virginia Divorce Attorney For Assistance With Property Division

  Property division can be one of the most frustrating parts of divorce and there's no reason to let it go on and on. When you work with Smith Strong, our Richmond family law firm will try to make sure that your property is divided fairly and quickly. We serve clients across Central Virginia and in the Richmond Metropolitan Area, so call us today at 804-325-1245 for a SmartStart Comprehensive Case Preparation Meeting.

  Link: Contact a Virginia Divorce Attorney For Assistance With Property Division

• What to Expect at the First Meeting

  At our first meeting, we'll provide: A straightforward and understandable explanation of the law; A candid assessment of your case; and A plan to obtain the best possible outcome, through settlement or litigation. We provide personal attention to each client through skillful communication, agreeing upon a plan of action after listening carefully to the client’s unique situation and goals.

  Link: What to Expect at the First Meeting

• Why You Need an Attorney

  Founding attorney Van Smith will often say, “I live simply, and carry that spirit into my practice. I don’t complicate my clients’ lives. I offer practical solutions, tailored for each situation. Our overriding goal is to help clients move through this transition and get back to fully living their lives, as quickly and as cost-effectively as possible.” So, why do you need an attorney for your family law matter? Won’t that just make things worse? Why not wait to call an attorney if things get really out of hand? When you’re ending a marriage, it’s tempting to just sign documents found online and move forward, however, you need an attorney, from the beginning, to ensure your long-term goals—for your finances, children, and future—are met. Careful planning now will save you from returning to court, living with regret, or enduring a poorly constructed support or custody plan later. You need to understand your options before signing an agreement. A cautionary quote from one past client, “I didn’t even explore what I could have received in spousal support, in dividing retirement plans, reviewing marital assets, interest in my spouse’s business or life insurance—anything. I just rushed through. Now it turns out I could really use some help and I wish I’d thought it through more then.” While we excel at negotiated agreements between parties, with most cases resolved privately, attorney Van Smith has been trained, and trained his staff, to handle complex litigation on behalf of our clients. We serve clients from Charlottesville to Richmond to Williamsburg, so call us today at 804-325-1245 for a SmartStart Comprehensive Case Preparation Meeting.

  Link: Why You Need an Attorney

• Providing smart, iron-clad prenuptial agreements

  Perhaps you remember the movie, "Intolerable Cruelty," where George Clooney, or "Miles Massey," has crafted the "iron-clad prenup." We'd like to think at Smith Strong that our Prenuptial Agreements, finely tuned for our more sophisticated and savvy clients' needs, are iron-clad, too. Unfortunately, though, while our "prenups are iron-clad," I (attorney Van Smith) don't look like George Clooney. "But Van," you're probably thinking, "I hear you. I know I should get a prenuptial agreement, but I don't want to have that awkward conversation right before my wedding." Maybe you will take heart in the types of people we most often assist with prenuptial agreements, in just the last month alone: Business Owner & Entrepreneur: He or she has developed a veritable cash machine. People are counting on him or her for their employment--not just employees, but investors too. They simply can't risk losing half of their company in the event things head south in a few years. Business people like to manage risk. A Prenuptial Agreement is risk containment. They reassure investors, partners, and employees of privately held companies. Second-Marriage, With Children from the First Marriage: This isn't their first rodeo. And this time, children from the first marriage are counting on them to protect their estate--after all they went through with the dissolution of the first marriage, aren't they entitled to a little financial security? Prenuptial Agreements provide security to your children, too. Long-Term, Live-in Boyfriend or Girlfriend Simply Want to Make Things "Official": They've lived together for over 5 years. Their finances have always been separately maintained, and will continue to be separate. They simply want to make their relationship "official." But they want to make sure that this romantic gesture doesn't come back later to imply financial dependency and support. Protection Against Spousal Support Awards: "Maintaining their lifestyle in the manner they have become accustomed," in other words, spousal support, alimony--you paying them. The longer you're married, the longer spousal support could last. If this concerns you, why not take action--protect yourself with a prenuptial agreement. "Ok Van, I get it. So what should I do next?," you're thinking. STEP 1: Call our office at 804.325.1245 or 757.941.4298 to schedule an appointment with attorneys Van Smith or Kathleen Sicuranza. STEP 2: Gather on one-page a comprehensive list of your assets, investments and properties, to review with us. STEP 3: Review your specific situation in detail, to ensure iron-clad protection of your assets both now and in the future (and theirs too!). "Is that it?" It can be. We can also meet with your fiance to ensure their needs and desires are heard and accommodated in the agreement--if need be. Consider us your trusted legal advisor. We'll meet your need to ensure this matter is taken care of--so you can move forward with your wedding day without worry, concern or regret later. PS: There is no obligation after that first meeting with us. But you deserve to think through your situation before rushing into the next chapter of your life.

  Link: Providing smart, iron-clad prenuptial agreements

• When you're ready--we're ready

  Call our office at 804.325.1245 or 757.941.4298 to schedule an appointment with attorneys Van Smith or Kathleen Sicuranza--when you're ready to have that conversation.

  Link: When you're ready--we're ready

• PPS

  I know you're not thinking this, but you probably will have a friend say, "Oh you can just print that out online now." Not so fast--the Agreement you find on a form website in California is NOT written to protect you in a Virginia courtroom later. Trust us. If you're going to the trouble of getting a prenuptial agreement--don't risk it with some form found online. It's simply too important. You don't get a mulligan on a Prenuptial Agreement. --Van With offices in Richmond and Williamsburg, Virginia, Smith Strong, PLC and attorney Van Smith is ready to take your call about any family law issues you may be facing, including divorce, custody and support matters. You are also welcome to request a free copy of our book emailed to you instantly, titled The Ultimate Guide to Divorce & Custody in Virginia: Quickly Get Back to Fully Living Your Life.

  Link: PPS

• Regain your Freedom and Financial Independence

  Not every divorce is like the long, emotional sagas you see play out on TV; many times, it’s just two rational adults who simply recognize that they should not be together anymore. These relatively amicable divorces are perfect candidates for mediation services. Mediation or Collaborative Law is ideal for a variety of situations: You’ve worked through most of the details together with your spouse, and you just need someone to guide you through a few of the complicated parts like the house, retirement savings, and child support. You don’t want things to get really expensive and you’d rather just work through an agreement to keep things out of court. You and your partner never had children and you’re both on the same page as to how you want things to play out. Many people dealing with divorce have never set foot inside a courtroom, and they most certainly don’t want to start now. As experienced Virginia divorce mediation attorneys, it’s our job to make your feel comfortable and help you wrap your divorce up as painlessly as possible, without the drama.

  Link: Regain your Freedom and Financial Independence

• How Mediation in Richmond Works

  Divorce mediation is a cost-effective, generally low-stress way for couples to hash out the details of their divorce. When you have Smith Strong mediate your divorce, you help ensure your case stays out of the court system—and we help educate and guide you to an agreement, ensuring the process and documents are developed and filed right the first time. We are trained in negotiation techniques, including collaborative law, and use this experience to make sure you reach an amicable conclusion to your marriage. Mediation or Collaborative Law is informal, and can be as easy as you allow it to be. It lets you and your spouse decide your fate instead of passing it on for a judge to decide. There are at least five types of settlement approaches to keep your divorce out of court, each type we perform, each week, on behalf of our clients: One Lawyer: You hire an attorney, meet with him or her, organize your assets and best-case options, invite your spouse to your attorney’s conference room where an agreement is reached and signed (typically completed in two meetings, one to review the agreement, and the second to sign the agreement after the non-represented party has time to “think” about it). Two Lawyers: You and your spouse hire your own attorneys, work through discovery and information gathering, meet several times in person and on the phone, and finally craft an agreement that is mutually acceptable. Two Lawyers + a Mediator: Both parties are represented, but are struggling over a few important issues, so a mediator (typically a retired Judge or retired family law attorney) is hired to work through these issues to keep settlement on track and out of court. Two Lawyers + Collaborative Law Rules: Both parties retain counsel and sign agreements to adhere to a completely open disclosure policy. In team models, therapists and financial advisors can also be involved, if needed. There are typically 4-8 meetings with the parties and counsel, depending on the number of issues to resolve. If settlement is not reached, however, both parties will have to retain new attorneys, pursuant to the collaborative law rules, incurring the additional expense of bringing their attorneys “up to speed” to go to court. [Lead attorney Van Smith is a strong believer in the collaborative law model of practice in certain cases. To practice collaborative law, an attorney must not only be licensed to practice law, but also must have completed the collaborative law certification course. Having graduated from this course, attorney Van Smith accept collaborative law cases.] Two Lawyers + Retired Judge in a Judicial Settlement Conference: Both parties have retained counsel and can petition the Supreme Court of Virginia to schedule a judicial settlement conference, conducted by a retired circuit court judge. The benefit to a judicial conference is the cost of using the retired judge is borne by the state. The downsides of hiring a “mediator” (see above) are that you do not get to “select” the judge (as you do a mediator), the bureaucratic process of requesting a conference is higher than hiring a mediator, and the timeline for getting into the judicial conference can be longer than the expedited process of hiring your own mediator, among other considerations. Your particular case will warrant individual analysis to determine which course of settlement is right for you. Typically, an experienced family law attorney can assist you in selecting the best option for your case during the SMARTSTART© comprehensive case preparation meeting. Of course, all of these options assume we have two parties that are willing to negotiate, in a reasonable manner. Certain personality quirks of your spouse or the attorney your spouse chooses may also influence which option is best for your case. Again, experience, in this case “knowing the players” routinely selected in family law cases, matters.

  Link: How Mediation in Richmond Works

• Plan Your Divorce Mediation or Collaborative Divorce in Virginia with Us

  At Smith Strong, we take pride in not just our legal knowledge, but also our emotional intelligence. We understand how confusing and upsetting divorce can be, and our top priority is to make you feel comfortable sharing these personal details of your life. Our Richmond family law firm also strives to empower you by answering any question you may have and educating you about all aspects of divorce in the state of Virginia. If you and your spouse are hoping for an uncontested divorce, a mediated or collaborative divorce may be a great option for you. Call the Richmond and Williamsburg offices of Smith Strong at 804-325-1245 today to schedule a SMARTSTART Comprehensive Case Preparation Meeting.

  Link: Plan Your Divorce Mediation or Collaborative Divorce in Virginia with Us

• Protection from Tragic Domestic Abuse, but also Offensive Gamesmanship

  Domestic violence is a sad reality in some family law cases. The court system responds quickly to these allegations and does a tremendously good job of getting victims into court within hours or days of an allegation made to a police officer or magistrate. There are three types of protective orders to combat domestic violence: Emergency Protective Orders: 3-day protection orders, usually issued by the police officer called to the scene, or by the magistrate if the individual’s case is compelling; Preliminary Protective Orders: 2-week protection orders, typically while the parties await the court hearing to determine if the Order should be extended “permanently” or up to two years; and Permanent Protective Orders: Issued following a court hearing for a certain period of time, up to two years. Once a permanent order is issued, a party may appeal the decision made by the court, if formally requested within 10 days. Violations of a permanent order may be reported at any time, leading to a follow up hearing. Amendments to a permanent order can be made with a motion to amend. Protective orders are commonly known on TV as “restraining orders.” People will come into our law office, detailing abuse, and say, “I need a restraining order.” For the abused, protective orders provide enforceable distance from the batterer while the victim sorts their life out. Our firm gladly assists clients that are victims of domestic abuse get the protection they need. We also assist others that are falsely accused, which is a newer development in the protective order arena, that is, the fraudulent, offensive protective order filing. For those who feel the accusations against them are baseless and without merit, the courts are getting better at standing up to clear and obvious abusers of the system. Our firm provides diligent, prepared representation for the victims of domestic violence, or those falsely accused, and their respective families.

  Link: Protection from Tragic Domestic Abuse, but also Offensive Gamesmanship

• View our Domestic Violence Article Library

  With offices in Richmond and Williamsburg, Virginia, Smith Strong, PLC and attorney Van Smith is ready to take your call about any family law issues you may be facing, including divorce, custody and support matters. You are also welcome to request a free copy of our book emailed to you instantly, titled The Ultimate Guide to Divorce & Custody in Virginia: Quickly Get Back to Fully Living Your Life.

  Link: View our Domestic Violence Article Library

• Military Divorces Require An Attorney With Real-Life Experience Alongside the Armed Forces

  Wouldn't it be nice to have a divorce lawyer who understands military culture as well as Virginia law and legal procedure? And we're not talking about the military culture they've read about in books—we're talking about the one they have lived in and been a part of. Attorney Van Smith lived and worked in Iraq in 2003 and 2004 as an aid and policy advisor to the senior advisor to the Ministry of Interior. During his time in Baghdad, he was tasked with assisting the top U.S. official in charge of rebuilding Iraq's internal security; this included police, fire, rescue services, immigration and border control. Van has also had exposure to the military through his brother, a West Point graduate and former officer in the U.S. Army. For Van’s service in Iraq, he was awarded the designation of Honorary Iraqi Firefighter for his service to Iraq’s fire and emergency services. His war-time experiences were featured in the Richmond Times-Dispatch and William & Mary News, among other Virginia newspapers. Van's experience with the military, as well as his deep understanding of Virginia divorce law, makes him the ideal attorney to handle military divorce cases.

  Link: Military Divorces Require An Attorney With Real-Life Experience Alongside the Armed Forces

• Virginia Divorce Services for Active or Retired Military

  Smith Strong has years of experience with all aspects of divorce, but our law firm also understands the specific needs of military couples. We are fully versed in the government pension system and pay scale and can handle the division of assets with complete competency. We know that you don't have the time for a long, drawn-out divorce, and Smith Strong will always try to keep proceedings out of court if possible. Many of the military divorces in Virginia we see are between two spouses who are still able to get along and agree on terms of the divorce fairly easily in mediation. They have decided to separate because things just weren't the same when one of the spouses came back from deployment, or the constant training and traveling has caused them to grow apart. Attorney Van Smith is available to work with you on all the pieces of your divorce, including child custody and support, alimony, and property division.

  Link: Virginia Divorce Services for Active or Retired Military

• Contact a Virginia Military Divorce Attorney

  Smith Strong has offices in Richmond's West End and Southside, and both are an easy drive from Fort Lee and other locations in Virginia. We also have an office in Williamsburg, for your convenience, near Camp Peary and Cheatham Annex. We are a boutique family law firm and will begin working on your case from day one. You will be updated on progress every week and have direct access to Attorney Van Smith whenever you need him or have a question. We strive to be efficient, professional and honest. Call us today at 804-325-1245 for a SMARTSTART comprehensive case preparation meeting. You are also invited to request a copy of our free report, The 7 Essential Steps for Divorce Planning in Virginia or our book in the Legal Strength Series: The Ultimate Guide to Divorce and Custody in Virginia: Quickly Get Back to Fully Living Your Life, which also includes special chapter on military divorce in Virginia.

  Link: Contact a Virginia Military Divorce Attorney

• A Special Note from Lead Attorney Van Smith

  Our clients hire our firm to skillfully guide them through the transition of their family law matter. We understand that primary responsibility must be met, each day. Along the way, however, I noticed many of my clients’ lives were in a state of disarray—financially and emotionally. They had been living on autopilot for so long that they had lost track of how to live their life to the fullest. That’s partially why I named my newest book in the Legal Strength Series: The Ultimate Guide to Divorce and Custody in Virginia: Quickly Get Back to Fully Living Your Life (which you can request a no-cost copy when calling our firm).

  Link: A Special Note from Lead Attorney Van Smith

• Fully living your life

  What do I mean when I say that? It’s about mastering life’s fundamentals and then getting a little better, each day, at experiencing life’s joys. Look, we’re all figuring this out together, and no one is perfect, but while you’re with our firm [and each month long after via our firm’s newsletter], we’ll occasionally pull you aside and suggest a book, a mindset shift, an action step that may powerfully improve your life. For instance, before a newly divorced client reenters the dating scene, I strongly encourage them to read, The Five Love Languages, by Gary Chapman. And so, Your Best Life is a practice area here at our firm, filled with blog posts, articles, videos, news feeds—I feel that strongly about it. While we’re handling your family law matter, we’re also encouraging you to regain your autonomy, your sense of self worth, and getting back to fully living your life as quickly as possible. This is not simply a mention of my new favorite red wine, nor is it a paternalistic wag of the finger suggesting you should save more for retirement. This Your Best Life section, throughout this website and in our practice each day, is about empowering you to make real and positive improvements in your daily life.

  Link: Fully living your life

• Welcome to Smith Strong—Legal Strength

  P.S.: If you are curious about a great read on retirement investing, check out The Elements of Investing, co-authored by Burton Malkiel and Charles Ellis. P.P.S.: We encourage you to share books and activities that have made a difference in your life too—this is a two-way conversation! With offices in Richmond and Williamsburg, Virginia, Smith Strong, PLC and attorney Van Smith is ready to take your call about any family law issues you may be facing, including divorce, custody and support matters. You are also welcome to request a free copy of our book emailed to you instantly, titled The Ultimate Guide to Divorce & Custody in Virginia: Quickly Get Back to Fully Living Your Life. Call us today at 804-325-1245 or 757-941-4298 to schedule a SMARTSTART comprehensive case preparation meeting. With offices in Richmond and Williamsburg, Virginia, Smith Strong, PLC and attorney Van Smith is ready to take your call about any family law issues you may be facing, including divorce, custody and support matters. You are also welcome to request a free copy of our book emailed to you instantly, titled The Ultimate Guide to Divorce & Custody in Virginia: Quickly Get Back to Fully Living Your Life. Call us today at 804-325-1245 or 757-941-4298 to schedule a SMARTSTART comprehensive case preparation meeting.

  Link: Welcome to Smith Strong—Legal Strength