6.1 Overview

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

6.1 OVERVIEW

6.101 Scope of Practice of Domestic Relations Law.

Family law attorneys should be familiar with a wide array of legal issues in order to represent their clients. In addition to the applicable Virginia statutes and case law regarding divorce, support, custody, and distribution of property, counsel should be familiar with federal law involving taxation, bankruptcy, the division of retirement benefits, health insurance, and Social Security, as well as the applicable state law concerning the assets being divided, for example, real estate.

Attorneys should also be familiar with different forms of divorce and marital actions, such as divorce a mensa et thoro, ³³²⁶ an action to affirm ³³²⁷ or annul marriage, ³³²⁸ and actions for separate maintenance. ³³²⁹

Attorneys unfamiliar with a particular area of the law should either learn the area or consult experts who can assist in representing the client. Bear in mind that the Rules of the Supreme Court of Virginia require that attorneys should not take on clients unless they have the experience to accomplish the task at hand. A client generally should not have to pay an attorney to become familiar with the subject matter of the case unless the issue is novel or rarely encountered. This chapter will serve as a resource for these types of situations. ³³³⁰

Attorneys should also be familiar with general concepts concerning wills and trusts, powers of attorney, and advance medical directives for their clients to preserve the parties' divorce order or agreement in the event of the death of one of them. The changes this event would bring should be anticipated in the parties' plans for future support and division of assets, for example, by updating wills, powers of attorney, and beneficiary designations to reflect the parties' divorce or to create funding for a deceased party's financial obligations, such as child or spousal support, with life insurance. There are also uniform acts that apply in family law cases, including the Uniform Interstate Family Support Act (UIFSA), ³³³¹ the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)), ³³³² and the Uniform Premarital Agreement Act. ³³³³ The status of children of assisted conception is also covered in title 20 of the Virginia Code. ³³³⁴

Family law is not confined to one particular court. While divorce is dealt with in circuit court, juvenile and domestic relations district courts also play an important role in resolving family law issues. Married persons can seek spousal and child support in juvenile court, and have custodial issues adjudicated. Unmarried persons can seek child support and obtain adjudication and enforcement of orders concerning the custody, visitation, and support of children. Juvenile courts have jurisdiction over consent...