A substantial portion of Smith & Wells, P.C.’s case load is divorce work consisting of, not only preparing the final divorce decree, but also advocating for our client’s marital property division, custody arrangements, and child and spousal support. We pride ourselves on being compassionate and extremely knowledgeable when it comes to counseling our clients during [...]

Whether or not to end a marriage is one of the most difficult decisions our clients face. When answering this tough question, clients often want to know the difference between a contested divorce and an uncontested divorce. Knowing the distinction between these two types of divorce can mean protecting your current rights, preserving your future [...]

  Yes, it is illegal to wear headphones while driving, or biking, in Virginia A disturbingly dangerous trend has developed among the tech savvy youth in Richmond, Virginia. This trend is the operation of a motor vehicle or bicycle while using earphones. After reading, and hearing, much erroneous information on the topic I wish to [...]

  Virginia Divorce From “Bed and Board” There are two distinct types of divorce available for plaintiffs in Virginia. These types are a divorce from “bed and board,” or a divorce a mensa et thoro, and a “final divorce,” or a divorce a vinculo matrimonii. Va. Code § 20-91 and 95. Each type of divorce [...]

With the recent drastic drop in home values, “lien stripping” can be one of the most useful tools available to debtors in a Chapter 13, who are “underwater.”  At the end of 2010, it was estimated that 10.8 million or 22.5% of all residential mortgages in America were in negative equity or “underwater.” In Virginia, a Chapter 13 [...]

If you run up credit card debt buying a home entertainment center and find you cannot pay for it after a couple of years, you can eliminate that debt in bankruptcy.  If you don’t pay your income taxes, after three years you can usually eliminate that debt in bankruptcy.  You can even eliminate debt owed [...]

I had a consultation with a client recently to discuss refiling his Chapter 13.  The individual was in a Chapter 13 for one year before losing his job and falling behind on his Chapter 13 Plan Payments.  After he fell behind on his plan payments the Chapter 13 Trustee filed a Motion to Dismiss for Failure [...]

When it comes to filing bankruptcy, the vast majority of people assume a Chapter 7 is the best option; however, there are many reasons why filing a Chapter 13 is the better option and sometimes the only option. 1. You need to stop a foreclosure, respossession or garnishment. When you file bankruptcy your creditors must [...]