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McLean Law Blog

Common types of crashes and common-sense advice on avoiding them

Because of our unique location, McLean residents are used to having family and friends come to visit over the holidays. People know that we're near such worthwhile attractions as Washington DC, Fredericksburg, the Chesapeake Bay, Mount Vernon, Alexandria, our own Great Falls Park and much more.

Because of all that star power, we're a holiday destination, which often means we spend much of our time off showing people the sights. Unfortunately, with all that driving come increased risks of motor vehicle accidents involving distracted drivers and impaired drivers.

How no-fault divorce works in Virginia

Sometimes through no fault of either party, a marriage simply doesn’t work anymore. Couples in this scenario are often seeking a no-fault divorce. For Virginia residents, achieving this looks a bit difference than in other U.S. states.

While couples in other states can cite “irreconcilable differences” in a divorce filing, couples may be granted a no-fault divorce in Virginia upon showing that for more than one year, once of the parties intended to and the parties have continuously lived separate and apart without any cohabitation.

Virginia's distracted driving problem is focus of design contest

Virginia has a wide variety of interesting license plate designs from which to choose. There are tags available to show support for breast cancer research, wildlife preservation, sports teams or your dedication to a particular hobby (bowling, anyone?). You can also get a personalized license plate, of course, or a tag designed to show off civic pride (there's one for Fairfax County).

The Virginia Department of Motor Vehicles is ready to add a new design, it says: one dedicated to raising awareness of distracted driving. As you know, distracted drivers cause car accidents that result in injuries and fatalities.

Halloween doesn't need to be scary after a divorce

It's just a few days until the witches fly, pirates rattle their sabers and goblins appear at your door. Yes, Halloween is here. For parents of young kids, it can be a wonderful evening of walking around your McLean neighborhood, showing off your adorable ghosts and superheroes. For divorced parents, Halloween can sometimes illuminate disagreements over bedtimes, diet, parenting time and holiday schedules, among other difficult child custody disputes.

In some cases, Halloween isn't included in custody agreements, leaving divorced ex's to negotiate terms on candy consumption and who will take the kids out trick or treating.

Speeding driver strikes Virginia mom, three kids

If you drive south from McLean along the coast for about four hours, you'll come to Virginia Beach. The city where the Chesapeake Bay meets the Atlantic Ocean is also the site where a recent pedestrian accident rattled residents.

Law enforcement officials say that an elderly, speeding driver hit a mom and her three young children when he lost control of his vehicle. The mother and kids were on a bicycle that was pulling a child carrier, police said.

Family law trend: Prenups on the rise for millennials

Recent news articles about research and census data make it plain that millennials are much less likely to dive into marriages than their parents or grandparents were. People today are waiting longer to marry, which means they often carry more significant financial assets with them across the threshold than did previous generations when they married.

The rising average age of marriage has made an aspect of family law more popular: the prenuptial agreement. Prenups have gained in popularity as people realize that though they do not plan to divorce, they understand that it makes sense to safeguard assets acquired through hard work.

Law professor: Virginia grocers wise to avoid costs of litigation

The tension was thick as two Virginia grocery chains stared each other down like gunfighters in an old Clint Eastwood western. German grocer Lidl is the new kid in town with a reputation for burying the competition with low prices. Kroger is the old hand, having survived many previous showdowns.

This time at least, the two companies thought better of settling their differences in court. A professor at the University of Richmond School of Law said it appears that plaintiff Kroger decided "that it wasn’t worth the time, money and effort to go on with the litigation."

Virginia's small business owners advised to read contracts

A Virginia business accelerator recently offered advice to entrepreneurs: read carefully before signing on the dotted line. Virginia courts often rely on the words spelled out in written contracts when trying to resolve disputes between businesses.

If you don't read a contract before signing it, you might well regret those few minutes saved by skipping a careful reading. And if you don't understand the terms of a contract, and you fail to contact an attorney who will explain it to you in clear terms, again, you might well regret that decision.

Drunk driver hit drunk driver in fatal Virginia crash

Two drunks, one collision, three people hospitalized, one dead. Those are some of the grim numbers that tell part of the story of a drunk-driving crash two years ago that ended the life of a 33-year-old Virginia woman.

We cannot hope to tell the whole story here in a blog post. We could not possibly convey the loss her family and friends feel after a wreck between two drunken drivers took her life about 200 miles south of McLean.

Virginia woman guilty in fatal distracted driving crash

It was the day after Thanksgiving and a Virginia family was sitting in their minivan at a stoplight about an hour southwest of McLean. The dad was driving, with the mom in the front passenger seat and their three young kids seated in the back.

The father said he could see a vehicle approaching at high speed, leaving him no time to react. The speeding SUV slammed into the back of the van, trapping one of the three children in a tangle of bent metal. Three days after the violent rear-end collision, the little boy died.

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