Maley & Maley Attorneys at Law

01/13/2026

Just decided to check this page. Semi-retired now after 35 years of practice. If I have represented you in the past, I will consider taking your new case. Focusing more on elder law in new matters.

04/21/2022

Today I will list a few FAQ pertaining to divorce, please do not hesitate to message or call us at 434-665-9036 to schedule your free telephone consultation or if you have further questions.

1. What is the difference between an uncontested divorce and a contested divorce?
Uncontested divorces are often referred to as simple divorces. An uncontested divorce occurs when the couple agrees to obtain a divorce and the issues surrounding it. The contested divorce is the type in which the spouses cannot agree on one or more issues or one party simple does not want the divorce.

2. How long will an uncontested divorce take to complete?
The process usually takes approximately 5-8 weeks to complete, the process does not require any type of court appearance in most cases.

3. How long do I need to be separated before filing for divorce in Virginia?
In Virginia, a final uncontested divorce may not be granted until the parties have been separated at least one year if there are children born of the marriage. In the event that the parties have no children and have signed a Separation and Property Settlement Agreement, the parties may proceed with the divorce after a six-month separation.

4. What is a Separation and Property Settlement Agreement?
A Separation and Property Settlement Agreement is a written contract between the parties that presents their rights, duties and obligations that arise out of their separation and divorce. These may include such things as the division of their property, spousal support, custody, and child support. Separation Agreements are not required in the divorce process, though they are highly recommended.

5. What will be the total cost for the divorce process?
The total cost for a simple uncontested divorce with our office is usually less than $400*. If matters like a property settlement agreement, child support/custody, or spousal support need to be included then additional nominal fees may apply.
*Plus $82 court costs. Additional fees may apply for property/debts, custody and support.

02/15/2022

It is important for families with minor children to have a will and either a testamentary trust or a revocable living trust. Without these essential estate planning documents, a court will decide who will be the guardian for your children. In addition, if you have not set up trusts for your children, then your minor children will inherit your savings outright without any guidance or restrictions on the use of that money.
Without estate planning, your life’s savings will go to your heirs determined under the law, which may not be the people you want to have your money or property. By having a will, you are able to thoughtfully make these decisions. At the same time, estate planning offers the opportunity to consider income tax planning, beneficiary designations, and avoiding probate administration.
Creating an estate plan is not difficult or complicated, but it does avoid a lot of complications and headaches for your loved ones who will have to deal with your all of your worldly possessions and the costs of cleaning up your estate after you are gone. It is a kind and thoughtful action that benefits the ones you love the most.
Message us or Call 434-665-9036

02/08/2022

There are many times when a husband and wife have separated and lived apart for many years, no longer have property together that needs dividing, and no longer have minor children, no longer need custody matters settled of minor children, or perhaps never had children together at all, but for one reason or another they just never have hired an attorney or filed any divorce proceedings to finalize their divorce.

We assist with these types of divorces more often than you may think. If you or someone you know is in this situation, we can help you finally get your divorce proceedings ready and filed for a relatively low price and in most cases have your Final Divorce within as little as 30- 60 days!

Message us to chat or call 434-665-9036 for a free telephone consultation to discuss the details of your specific case and our fees.

01/28/2022

Maley & Maley can assist you with the divorce process and we offer a free telephone consultation. Message us or call 434-665-9036 to schedule.

Virginia Contested and Uncontested Divorces:

~In an uncontested divorce, both parties will have to sign a written separation agreement. The separation agreement must include important details about the dissolution of the marriage and division of assets, property, child custody and child support.

*If there are no minor children involved, the couple can file for divorce after a six-month separation.
*If minor children are involved, the court requires a separation of at least one year.
*After the mandatory separation period, uncontested divorce will typically take 30 to 90 days to finalize.

~Contested divorces are more complicated, and occur when ex-spouses are in the midst of custody or property disputes. Contested divorces can be incredibly painful, and difficult to resolve. The reasons for a contested divorce may include:

*Adultery
*Cruelty or abuse
*Abandonment
*Hidden assets
*Custody battles
*Financial disagreements
*Property disputes

~In an uncontested divorce, you only need to provide a written agreement stating that claims you and your spouse are on the same page. In a contested divorce, however, you would need to appear before the judge to settle the issues.

01/27/2022

Maley & Maley Attorneys at Law assists parents in Child Custody Matters including Initial Determination, Modifications, Amendments and Enforcement of Child Custody and Visitation Matters. Message us or Call us at 434-665-9036 for a free telephone consultation to discuss details of your specific situation and our legal fees.

-When parents cannot agree on who will have custody or on visitation schedules regarding their children, custody and visitation are then determined by the Court. We work with parents who are working to gain or preserve the custody and visitation of their children. Some of the ways we can help you are by:

* Preparing and filing initial petitions with a Court for legal and physical custody of your child;
* "Moving" the Court to modify or amend an existing custody or visitation order;
* Enforcing, through the Courts, the custody and visitation orders that are not being honored/followed
* Creating plans for holiday, summer and school year visitation

>>>We are not a pro-bono firm nor are we legal-aide; the free consultation is not for free legal advice.

01/21/2022

If you are a parent, the care and custody of your child is likely among your very biggest concerns when going through the family law legal process. If you are going through a divorce or if you are an unmarried parent with a custody or visitation problem, you may have numerous questions about how to resolve your situation.

If you need legal advice and representation about child custody and visitation matters, we can help you address these vital issues and work toward acquiring a solution that will help serve the best interest of your children. Contact us by message or by calling 434-665-9036

01/21/2022

Well-written wills and other testamentary documents allow you to detail what will happen to your money and property, who will take care of your children and who will be in charge of handling your affairs. We can help you cover your bases in the following ways:

~Naming your executor and trustee
~Making specific gifts of property to loved ones
~Making residuary or remainder gifts
~Creating simple trusts for beneficiaries under a certain age that last until they meet a specified age
~Including important adoption, guardianship and conservatorship provisions in a will to ensure your loved ones are properly cared for in the event of your death
~Appointing agents for other property
~Setting up charitable donations
~Advanced medical directives and durable powers of attorney.

Message us or call us at 434-665-9036 to discuss the details of your specific needs.

01/20/2022

Wills and trusts are tools that can help you accomplish several important testamentary goals. They can tell your executor or trustee how to provide for your loved ones after your death and enable you to avoid unnecessary family conflicts in the future. Related documents such as advanced medical directives and durable powers of attorney can help you specify and legally solidify your wishes regarding health care and other issues.
Message or call us today if you need assistance... 434-665-9036

01/15/2022

We all love our children, but it’s no secret that it can be hard on them when parents separate. But, staying in a bad relationship and forcing your children to stay with you isn’t fair for them.

Here’s why...

Four key reasons why staying in a bad relationship is actually worse for your children than divorce.

01/13/2022

For the most part, a divorce can either be categorized as contested or uncontested.
An uncontested divorce means that the parties can agree on all the terms regarding how to end their marriage, (including the settlement of any debts, division of marital property, child custody, support, etc.. ), an uncontested divorce is usually done outside of court, the process is much faster, and the legal fees are usually much lower, and you will be divorced much sooner than with a contested divorce.
A contested divorce means that the parties cannot agree on all the issues involved such as the arrangements for child custody, child support and the division of their marital property, or it may involve a legal ground other than living separate and apart, such as a fault based divorce. The issues that are in controversy in a contested divorce will usually be decided upon by a judge when the parties cannot reach an agreement themselves, the process will take much longer, and the legal fees for such divorces are usually much higher. Maley & Maley Attorneys at Law can help with both types of divorces.
Message us or call at 434-665-9036

01/11/2022

Some of our clients have questions about legal separation and whether they need a separation or a marital agreement. In the Commonwealth of Virginia, married couples generally need to have been separated for at least one year in order to be granted a divorce by a judge. However, a separation agreement can help make the process faster if certain conditions are met.
A separation and property settlement agreement is essentially a legal document that resolves all the issues that exist between the parties without the need for litigation or Court involvement. If you do not have children with your spouse, and you do not own a significant amount of Property together — and you can agree on all the terms of the ending of the marriage — you may be able to secure a separation agreement that will enable you to obtain a divorce faster, more easily, and with substantially less legal expense. We can help you prepare the necessary documentation and represent you in legal proceedings if you qualify. Message us or call us today at 434-665-9036

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