One of the most painful aspects of a divorce is child custody and visitation. This process may manifest a variety of issues, especially when the divorce and parenting schedule is finalized. Naturally, one can expect both parents not to agree with the schedule, deeming it very important to come to a middle ground through amicable discussions. This is key to creating an acceptable parenting plan that is also in the best interests of the child. However, often, this is not the case.
Understanding Parental Evaluations
A typical custody evaluation for a divorce matter will generally include full-scale parental evaluations. This type of analysis and fact-finding can take anywhere from a couple of weeks to a couple of months. The evaluation essentially comprises very thorough and frequent interviews with the parents and the child. In addition, psychological evaluations and tests will also be conducted and the social services agent will also talk to the child’s teachers, doctors, neighbors, friends, relatives, etc. They will also evaluate the medical records and school reports of the child.
Some Reasons Why Parental Evaluations are Ordered by the Court
The court needs to identify the parents’ ability to provide a safe environment for the child, which is also a key factor in assigning primary custody to one parent or the other. To do that the court needs to determine the following:
- Instance of domestic violence
- Drug and/or alcohol abuse
- Mental illness
- A child needs special care
- A parent who must move to another city or state
- Questionable parenting
Divorce proceedings can be contentious and emotionally daunting for a variety of reasons. For instance, the case will involve personal matters that will come to light. Then there’s the matter of equitable marital asset distribution, spousal support, child support, parental visitation, and so forth.
However, when a case is emotionally charged and the stakes keep rising, especially in matters of spousal or child support or asset division, either parent could be tempted to hide the truth from one another and the court, this is essentially where the problem of perjury comes to light.
From a legal perspective, perjury essentially means giving the court false information while also being under oath. This false information can either be verbal and/or a written statement.
Understanding the Definition of Perjury
A person can say to be perjuring themselves when they deliberately lie while being under oath or give the court a false testimony or information. It is a very contemptible offense in legal proceedings as it directly negates the integrity of the circuit court or any judicial system for that matter. However, there are some conditions that need to be met for the court to label a statement as perjury. Those conditions are:
- The verbal and/or written statement or testimony is deliberately misleading or false.
- The lie or false statement provided is about a material or tangible thing and can negatively impact the divorce proceeding.
- The false statement is said or stated when the individual is under oath in court or whether they are being deposed elsewhere. Providing false information in affidavits and other legal documents is also perjury.
Why Would One Party Perjurer Themselves During a Divorce Case?
Because of the contentious nature of divorce proceedings, both parties are likely at war with one another, especially when you talk about the financial aspect of everything.
When one spouse thinks that the divorce may potentially end up reducing their financial worth, they will likely start hiding their assets and lie about how much they earn or have saved.
The same can be said about parental rights. If one parent thinks that they will not be given primary custody of the child, they may start maligning the parental skills of the other spouse in hopes that they may be given primary custody. Considering this, here are some typical reasons why someone may commit perjury during a divorce case:
- Hiding their income, holdings, savings, assets, etc., to steer clear of equal distribution.
- Fabricating lies and falsehoods about the other parent so that they be given primary or full custody.
- False statements that highlight the need for spousal support and dependence.
- False information purely out of spite or hatred of the other spouse.
Legal Ramifications of Someone Perjuring Themselves During the Divorce Case
Committing perjury is a serious crime, especially during a divorce case. There are a variety of legal ramifications that may be met out to the individual who perjures, such as:
Criminal Prosecution
Perjury is looked upon as a serious felony throughout different states. When found guilty of perjury, the individual can be charged as a criminal and face punitive punishment and/or will be required to pay heavy financial penalties and can even be sentenced to prison. However, the level of punishment will always coincide with the impact of the perjury. The greater the impact, the more severe the penalties.
Fines and Penalties
The individual who has committed perjury may also be asked to pay heavy monetary penalties or can be sanctioned, such as for example, the judge can ask the felon to pay for the other spouse’s legal bill or cover the expenses incurred as a result of the loss that was caused by their perjury and misinformation.
Zero Credibility
Perjury, apart from being a serious crime in divorce litigation, can also completely strip the credibility of the individual in the sight of the court. No matter how good a person you are, if you lie and get caught the judge may have no choice but to take biased decisions to favor the other party in terms of things such as child custody, marital asset distribution, spousal/child support, etc.
Divorce and Perjury: Some Vital Examples to Take Note Of
Minimal Declaration of Assets, Hiding Income
One of the most typical reasons why a spouse may perjure themselves is to try and secure themselves financially by not fully disclosing their income, hiding their savings, masking their assets and investments, etc. Underreporting offshore bank reports and accounts and lying about the value of their business is also another way of perjury during a divorce case.
Lying About the Other Spouse’s Parenting
Another reprehensible and contemptible way of perjuring is to malign the parental skills and reputation of the other spouse. Stating things like the other spouses neglect their child or don’t have the fortitude or emotional intelligence to take of the child is a serious form of perjury. They can also accuse the other parent of drug and alcohol abuse or worse, child abuse.
How to Identify If One Spouse is Committing Perjury
Because of the nature of perjury during a divorce case, which can essentially be summed up as “his/her word against mine”, it can be a very daunting endeavor to prove if someone is committing perjury. You’ll need to come up with solid evidence to fight back against false statements made against you. This is essentially where expert divorce attorneys come into play. Some good strategies that your attorney can use to prove that the other spouse is lying include:
Cross-Examining the Other Party
This involves getting to the nitty-gritty of the statement and matter, searching for inconsistencies in the other party’s potentially false statements.
Subpoenas
Your attorney can file subpoenas against the other party, legally compelling them to give up their employment history, bank account details, tax returns, business profit, and asset portfolio.
Separate Legal Investigation
You can also legally hire a reputed and certified private investigator to collect proof or evidence that is contrary to the verbal testimony or written statements given by the other party.
When veterans step back into civilian life, it’s not always as smooth as folks might think. Sure, the uniform comes off, but the weight of what they’ve been through? That tends to stick around. Sometimes it’s a limp that never healed right, other times it’s the kind of stress that creeps in during the quiet moments.
That’s why the VA steps in with disability compensation to support those who came back carrying more than just memories. But here’s the thing: not every condition gets a green light. There’s a process, and some boxes that need ticking.
So, what makes a veteran eligible?
This guide’s here to clear things up, from the kinds of medical conditions the VA recognizes, to what counts as a “qualifying disability,” and what it takes to start a claim. No complicated things. Just straight talk for those who need answers.
What Are VA Disability Benefits?
The VA disability benefits are monthly payments. Tax-free, meant for veterans who ended up with health problems or injuries connected to their time in the military. These payments are there to help with how those conditions affect everyday life, work, and just feeling okay overall.
How much a veteran gets depends on something called a disability rating. It goes from 0% to 100%, moving up in steps of 10%. The higher that number, the more money a veteran can get.
What Is a Service-Connected Injury or Condition?
Sometimes, life takes a turn when you’re in uniform. An illness creeps in, or maybe it’s an injury, something that wasn’t there before, or something small that got worse with time. That’s what they call a service-connected injury. To receive compensation for it, the VA must verify that:
- The veteran has a current diagnosed medical condition.
- There was an in-service event, injury, or illness.
- There is a nexus or connection between the in-service event and the current condition.
VA Disability Conditions List (Commonly Approved)
Here are some of the most common qualifying disabilities on the VA disability conditions list. These conditions are more likely to receive approval, though each case is reviewed individually.
- Post-Traumatic Stress Disorder (PTSD)
- PTSD is one of the most common mental health conditions among veterans.
- It can develop after exposure to life-threatening events, combat, or military sexual trauma.
- Symptoms include flashbacks, nightmares, hypervigilance, irritability, and social withdrawal.
- Traumatic Brain Injury (TBI)
- Often caused by exposure to blasts, falls, or combat injuries.
- TBI can lead to memory loss, headaches, mood swings, and cognitive dysfunction.
- The VA considers both mild and severe TBIs for disability compensation.
- Hearing Loss and Tinnitus
- Prolonged exposure to loud noise from gunfire, machinery, and explosions is common in service.
- Tinnitus, or ringing in the ears, is the most claimed condition by veterans.
- Back, Neck, and Joint Injuries
- Includes chronic back pain, herniated discs, knee injuries, and arthritis.
- Often, the result of repeated strain, lifting heavy gear, or combat-related injuries.
- Respiratory Conditions
- Conditions like asthma, chronic bronchitis, and sinusitis can result from exposure to burn pits, sand, and chemicals.
- Gulf War and Iraq veterans are often affected by these exposures.
- Agent Orange-Related Illnesses
- Veterans who served in Vietnam may have been exposed to Agent Orange, a toxic herbicide.
- Associated conditions include Type 2 diabetes, Parkinson’s disease, certain cancers, and ischemic heart disease.
- Sleep Apnea
- Often linked with PTSD, obesity, or other service-related conditions.
- Requires a diagnosis through a sleep study to qualify for compensation.
- Depression and Anxiety
- Common mental health conditions that can stem from service stress, trauma, or injuries include.
- May also be secondary conditions, meaning they result from other service-connected issues.
- Migraines
- Frequent, disabling migraines can result from TBI or stress-related disorders.
- May qualify for higher disability ratings if they are frequent and severe.
- Gulf War Illness (Undiagnosed Illnesses)
- Veterans of the Gulf War may suffer from a range of unexplained symptoms like fatigue, joint pain, and digestive issues.
- The VA has a presumptive list for Gulf War veterans under special rules.
Presumptive Conditions: What Are They?
There are some conditions that the VA just assumes are connected to service are known as presumptive conditions. In these cases, veterans don’t have to go through all the steps to prove how the illness is tied to their time in uniform. It’s more about when and where they served. If they meet the criteria, where they were stationed, and the time frame they were there, that’s usually enough.
Common presumptive categories:
- Vietnam veterans (Agent Orange exposure)
- Gulf War veterans
- Former POWs
- Atomic veterans
- Camp Lejeune water contamination victims
Secondary Conditions: What Counts?
A secondary condition is a new disability caused or worsened by an existing service-connected condition. For example:
- Sleep apnea caused by PTSD
- Nerve damage due to diabetes
- Depression resulting from chronic pain
These can also qualify for additional benefits and increased disability ratings.
How to Prove Veterans’ Claim Eligibility
To successfully file a VA disability claim, veterans must provide:
- Medical evidence of a current diagnosis.
- Service records showing the event or exposure.
- A nexus letter or VA C&P (Compensation & Pension) exam that connects the condition to service.
Veterans are encouraged to include as much documentation as possible. The more evidence provided, the higher the chance of approval.
Tips for Filing a Successful VA Disability Claim
- Start early: Don’t wait to file. The sooner you apply, the sooner your benefits can begin.
- Be honest and detailed: Describe symptoms accurately.
- Use buddy statements: Fellow service members can confirm in-service events.
- Attend all VA exams: Missing a C&P exam can delay or hurt your claim.
- Consider legal help: VA-accredited attorneys or VSO representatives can help strengthen your claim.
Final Thoughts
Understanding what conditions qualify for VA disability benefits is key to getting the support you deserve. Whether you’re dealing with physical injuries, mental health challenges, or long-term illness, help is available. The VA disability conditions list is broad and includes many qualifying disabilities related to service-connected injuries. If you meet the veterans’ claim eligibility requirements, don’t hesitate to apply; you’ve earned it. Reach out to Miles Franklin Law for expert guidance and support on your journey to securing the benefits you deserve.
As per legal terminology, the term sanction essentially pertains to the process of levying court-mandated penalties, corporal punishment, or the enforcement of any court order to compel the disobedient or non-compliant party to take heed of the court’s process and order without being intentionally or unintentionally neglectful.
Criminal sanctions can come in a variety of forms, such as capital punishment (which occurs in severe violations or crimes against humanity), corporal punishments, such as incarcerations, monetary penalties, such as heavy fines, etc.
In the context of family law, a court-ordered sanction may typically denote monetary fines that are ordered against a party in a lawsuit (civil law), against a disobedient attorney (for not following procedure), or in a divorce discovery process, if one party continues to remain non-compliant.
A Glimpse of the Types of Sanctions a Court Can Order
There are different types of sanctions that can be ordered by the court depending on the severity of the offense. Let’s look at some of the common sanctions.
Financial Penalties
These are primarily imposed on individuals for disingenuous behavior, such as frivolous lawsuits, contempt of court, and causing consistent delays in the court process.
Reprimands
These occur against individuals who commit less severe violations and are typically provided written or verbal warnings by the court.
Dismissing a Claim
This happens when one party neglects to follow the court’s proceedings and does not respect its laws. In this case, a judge can order a sanction to dismiss the case.
Striking Petitions
This happens when one party is seen to be non-compliant. The court reserves the right to sanction the dismissal of documents and evidence in this scenario.
Upon someone’s passing in Virginia, whether they have a will or not, if their estate amounts to $50,000 or less, their assets will not be subject to a probate process.
This means that the asset distribution process (if any) will be much more straightforward for the beneficiaries. This can be especially beneficial for decedents who did not leave an estate plan behind.
The Affidavit for Small Estate Transfer
As per the Virginia Code 64.2-601, the law permits beneficiaries to claim their rightful assets after the passing of the decedent as mentioned in their will if the decedent’s estate values $50,000 or less.
The beneficiaries will not have to go through a long and complex probate process and will instead be given an affidavit stating the name of the legal heir and make the Designated Successor of the estate.
The Requirements for the Affidavit
A Virginia small estate affidavit will only work for you if you meet the following requirements:
- The individual using the affidavit for the transfer of the decedent’s small estate must be a legal and authenticated beneficiary of the estate. If there are other mentioned heirs, all those individuals will be required to sign the affidavit, permitting the Designated Successor to inherit the estate and distribute the assets as mentioned in the will.
- The beneficiaries will be required to wait for 60 days after the death of the testator before using the small estate affidavit.
- The decedent’s estate must be valued at $50,000 or less to use the small estate affidavit.
- A beneficiary is legally required to submit a valid death certificate of the decedent to use the affidavit.
Just like in criminal cases or other litigations, there are two essential legal elements (motion to strike and motion for summary judgment) that can be used in family law cases, such as divorce, child custody, support, etc.
Understanding Motion to Strike
The motion to strike is essentially a request made to the court by one party or the other, to take away any false allegations, frivolous claims, or unsubstantiated defenses from the pleading before the trial begins. This is done only if the claims are irrelevant or legally insufficient.
In a divorce case, the motion to strike can be used by one party to have the court remove contentious and/or spiteful accusations and claims made by the other party that have no legal basis.
Understanding Motion for Summary Judgment
A motion for summary judgment is also a request made to the court and is essentially a plea that a particular aspect of the case or a specific concern be addressed privately without it ever going to trial.
For example, if one spouse provides evidence that they should be given full custody of the child as it was decided in the prenup – and the other spouse does not dispute the fact, the other spouse can file for a motion of summary judgment in the hopes to resolve the matter privately rather than going to trial.
Any mistakes or errors in judgment made by the Department of Veteran’s Affairs when denying disability compensation to a deserving veteran is known as CUE, which is short for Clear and Unmistakable Error. This often refers to situations where key pieces of information were not thoroughly evaluated, which could have otherwise helped the VA reconcile its original decision.
As per the US Court of Appeal for Veterans Claims, there are a couple of essential attributes to CUE cases. These are the factors that constitute a CUE in the appellant court. Those characteristics are as follows:
- Any information that the VA did not consider, which was vital to the case, was not presented to the adjudicator beforehand, or if the regulatory laws at the time were not implemented adequately.
- The mistake was made in line with the data available and the laws governing the case at the time the VA made the decision.
- If the mistake did not occur, it would have drastically modified the outcome of the case at the time the adjudicator made the decision.
Veteran’s Affairs Clear and Unmistakable Error Claims
While important, CUE claims are not necessarily claims, they are pieces of information or evidence that can help support the applicant’s petition for a revision or overturning of the original decision made by the VA.
Request for CUE offers a more thorough route for applicants to challenge the decisions made by the VA. However, to challenge a decision, it is very important for the veteran to precisely know how they got injured and the time frame of when the injury occurred. They must plead that they can present evidence to further shed light on the fact that the judgment made by the VA was erroneous.
Custody cases can be a very emotionally charged aspect of a divorce. However, when it comes to deciding the custody of a minor child who has pending criminal charges, things can get more complex. While there are separate courts for juvenile criminals that focus on providing rehabilitative care rather than punishment, it is important to know that the nature of the crime of the child can impact the custody matter.
For example, if the crime is severe or involves a degree of violence, both parents can be called in for an evaluation of their parenting skills. The court, while considering the severity of the crime, may also reprimand the parents of the juvenile minor and question their supervision of the child and why the child committed or is accused of committing a crime.
Negative Impact on Custody
In extreme cases, where the minor child has committed a serious or heinous crime, the court may remove the primary parent from the custody of the child, deeming them unfit for parenting. They could either appoint a guardian ad litem for the child or give primary custody to the noncustodial parent (if it is in the best interests of the child).
In cases where the crime is non-serious, the court may add restrictive measures to the custody, modifying it entirely to add more stringent supervision rules for the primary parent. For example, the parent may be legally compelled to join parent classes.
After the testator passes away, before their will is implemented, the document will undergo probate where the court is going to check it for validity and authenticity.
Is There a Work-Around for Probate in Virginia?
In Virginia, all wills need to go through the probate process and there is a way around it. But with, certain types of assets will not be subject to probate. In Virginia, if you own an estate worth $50,000 (at minimum), after you pass away and leave a will for your beneficiaries, your estate will be probated.
Joint Account or Property Ownership
If you own a house or any other property jointly with your spouse or any other family member or friends, the property will be passed to the beneficiaries that survived the testator. They will not be subject to a probate process. With that said, anything you own jointly, such as a joint bank account, joint business, brokerage accounts, etc., will be probate exempt.
Living Trusts
In a living trust (also known as a revocable trust) you have the power to control your assets and the authority to transfer your estate to your beneficiaries while you’re still living. In this case, you can name yourself as the sole owner of the trust and manage your estate according to your wishes. If you pass away, the assets in the trust will be transferred to your beneficiaries without probate.
Depositions are a very typical element of any circuit court trials including criminal and family law cases. They are essentially a part of the discovery process, legally compelling each party to disclose vital documentation and/or information that is pertinent to the case. And because depositions are important, the recorded transcripts of those depositions share equal relevance.
Accurate transcripts from depositions can be very critical for both parties’ attorneys to prepare for different phases of a trial as well as for other technical matters including appellate reviews or impeachment.
Understanding a Deposition Transcript in a Nutshell
The deposition transcript is basically a recorded legal document that is typed by a court report. The professional records each and everything that a witness or any other individual tied to the cases says or does during the trial. The transcript functions as vital evidence after the proceedings finish.
How Depositions Transcripts are Utilized in Court
Both parties can utilize the deposition transcripts as a vital source of evidence. However, they will need to first inform the court of this decision and whether they would be using the full transcript as evidence or parts of it.
As witnesses testify, they are sworn under oath to tell the truth. If they recant or change their testimony, they would be committing perjury or lying under oath. Deposition transcripts can help substantiate their inaccuracies or false testimonies.
An example can be that of using a transcript to impeach a trial witness. The deposition transcripts could be used to paint the witness as unreliable or untrustworthy.