trusted counsel through life's most important decisions
Estate Planning
Divorce & Separation
Elder Law
Family Law
About Daniel J. Roberts
Daniel J. Roberts
Daniel J. Roberts is a sole practitioner family law attorney in Quinton, Virginia and serves "Of Counsel" to GraberRoberts, LLC in Stamford, Connecticut. He was previously a partner in the firm of Lax & Truax, LLC, where he began his career in 2000. Dan received his undergraduate degree (magna cum laude) in Sociology from the University of Connecticut in 1996 and his Juris Doctor from Quinnipiac University School of Law in 2000. Dan is licensed in both Virginia and Connecticut. Our office strives to help families navigate the complexities of estate planning and family law with confidence and care.
Member: Virginia Bar Association (2020- ), Fairfield County Bar Association (Co-Chair Family Law section 2012 - 2016); Connecticut Bar Association (Member, Executive Committee, Family Law Section, 2008 – 2015, Professionalism and CLE Committee, 2012 – 2019, Resolution of Legal Fee Disputes Board, 2013 – 2017, Connecticut Lawyer Board of Advisors 2019 - ); American Bar Association (Member, Young Lawyers Division Family Law Section Vice Chair 2010 – 2011; Family Law Section Taxation Committee Vice Chair 2019 - 2020; Family Law Section liaison to the ABA Commission on Law & Aging 2019 - 2021)
Additional Certifications: Florida Supreme Court Certified Family Mediator (2014 – 2022); Certified Divorce Financial Analyst (2013 – 2022)
Distinctions: Connecticut Super Lawyer Rising Stars, 2009 to 2014, Connecticut Super Lawyer, 2015 to 2023
Author:
· Author of Chapter “Pretrial Pleadings and Discovery” of LexisNexis Practice Guide: Connecticut Family Law, published August, 2013
· “Developments in Connecticut Family Law: 2006”, Connecticut Bar Journal 82 CBJ 339 (2008)
· “Connecticut Supreme and Appellate Court Update”, Connecticut Family Lawyer, December 2006
· “Prenuptial Agreement Clauses: Why They Are Included, and What to Exclude”, Connecticut Family Lawyer, July 2012
· Co-Associate Editor, Connecticut Family Lawyer, 2011 – 15
· Board of Editors, Connecticut Family Lawyer, 2011 – 15
Areas of practice
Estate Planning
Divorce & Separation
Estate Planning
Last Will & Testaments
Power of Attorney
Advanced Medical Directives
Trusts
Executor Services
Elder Law
Divorce & Separation
Estate Planning
Long-Term Care Planning
Estate Planning
Guardianships
Conservatorships
Divorce & Separation
Divorce & Separation
Estate Administration
Uncontested Divorce
Settlement Agreements
Custody & Parenting Agreements
Modification Agreements
Premarital Agreements
Postnuptial Agreements
Guardian ad Litem
Estate Administration
Family Business Succession Planning
Estate Administration
Need assistance Probating an Estate? We provide both full representation throughout the court process or "as needed" counsel and advice.
Debt Collection Resolution
Family Business Succession Planning
Family Business Succession Planning
Served with a Warrant in Debt? We can help resolve your claim and potentially avoid court, default judgment or other adverse action.
Family Business Succession Planning
Family Business Succession Planning
Family Business Succession Planning
We can help you plan for the future of your family-owned business and ensure a smooth transition of generational ownership.
Notary Public Services
Notary Public Services
Notary Public Services
We have in-house Notary Public services available by appointment
Protective Orders
Notary Public Services
Notary Public Services
If you are in a Situation that Requires Applying for or Prosecuting a Civil Protective Order or Need Defense for a Protective Oder Against You, we can assist you throughout the process
Estate Planning Solutions
Wills, Trusts & Probate Services
At the Law Office of Daniel J. Roberts, LLC, we provide comprehensive estate planning services in Virginia, helping individuals and families protect their assets and ensure their wishes are honored. Whether you're planning for the future or managing a loved one’s estate, we offer trusted legal guidance every step of the way.
What Is Estate Planning?
Estate planning involves creating legal documents, such as wills, trusts, and powers of attorney, to manage the distribution of your assets after death and protect your interests during your lifetime. A well-crafted estate plan also addresses:
- Asset protection
- Healthcare directives
- Financial decision-making during incapacity
- Minimizing probate and estate taxes
Without a valid will or advance directives, critical decisions about your healthcare and estate may be made by courts or individuals who do not know your preferences. That’s why it’s essential to work with an experienced Virginia estate planning attorney to ensure your plan reflects your values and goals.
Our Estate Planning Services
We assist clients throughout Virginia with a full range of estate planning and administration services, including:
- Wills – Ensure your assets are distributed according to your wishes.
- Trusts – Protect your estate, avoid probate, and provide for loved ones.
- Powers of Attorney – Appoint trusted individuals to manage your affairs if you become incapacitated.
- Advance Medical Directives – Make your healthcare preferences known in advance.
- Probate Administration – Guide executors and beneficiaries through the legal process.
- Trust & Estate Litigation – Resolve disputes and protect your rights in court.
With years of experience in Virginia estate law, Daniel J. Roberts provides personalized legal solutions tailored to your unique needs. Whether you're drafting your first will or navigating complex probate issues, we’re here to help you plan for the expected—and the unexpected.
Virginia spousal support overview
🏛️ Virginia Spousal Support Overview
Spousal support (also known as alimony) in Virginia is governed by Virginia Code § 20-107.1. It allows courts to award financial support to a spouse during or after divorce proceedings. The court has discretion to determine the amount, duration, and type of support based on a variety of factors.
📜 Types of Spousal Support
- Temporary (Pendente Lite): Awarded while the divorce is pending.
- Rehabilitative: Helps a spouse become self-sufficient.
- Permanent: Ongoing support, typically in long-term marriages.
- Lump Sum: One-time payment instead of periodic payments.
- Reserved Support: Right to request support in the future is preserved.
⚖️ Key Factors Considered by the Court
Under § 20-107.1(E), the court must consider the following 13 statutory factors:
- Earning Capacity: Each party’s income, employment history, education, and skills.
- Needs and Obligations: Financial needs and debts of each spouse.
- Standard of Living: Lifestyle established during the marriage.
- Duration of the Marriage: Longer marriages may justify longer support.
- Age and Health: Physical and mental condition of both parties.
- Contributions to the Marriage: Both monetary and non-monetary (e.g., homemaking, child-rearing).
- Property Interests: Distribution of marital property and assets.
- Provisions for Children: Impact of child custody and care on a spouse’s ability to work.
- Tax Consequences: How support affects each party’s taxes.
- Fault Grounds: Adultery or other misconduct may influence the award.
- Other Factors: Any other relevant circumstances.
- Earning Potential: Whether a spouse is voluntarily unemployed or underemployed.
- Education and Training: Time and cost needed for a spouse to gain employment.
🔄 Modification and Termination
Spousal support can be modified or terminated if there is a material change in circumstances, such as:
- Remarriage or cohabitation
- Significant change in income
- Retirement
❓ Frequently Asked Questions About Spousal Support in Virginia
1. What is spousal support?
Spousal support (or alimony) is a court-ordered payment from one spouse to another after separation or divorce to help maintain financial stability.
2. Who qualifies for spousal support in Virginia?
A spouse may qualify if they demonstrate financial need and the other spouse has the ability to pay. The court evaluates multiple factors under Virginia Code § 20-107.1.
3. How is the amount of support determined?
There is no fixed formula. Courts consider 13 statutory factors, including income, earning capacity, standard of living, marriage duration, and contributions to the marriage 1.
4. Is spousal support always permanent?
No. Support can be:
- Temporary (during divorce proceedings),
- Rehabilitative (to help a spouse become self-sufficient),
- Permanent, or
- Lump sum.
5. Can spousal support be changed later?
Yes. It can be modified or terminated if there’s a material change in circumstances, such as job loss, retirement, or remarriage of the recipient.
6. Does adultery affect spousal support?
Yes. If the spouse seeking support committed adultery, they may be barred from receiving it unless denying support would be manifestly unjust.
7. What happens if the paying spouse doesn’t comply?
The recipient can file a motion for enforcement. The court may impose penalties, including wage garnishment or even jail time for contempt.
8. Is spousal support taxable?
For divorces finalized after January 1, 2019, spousal support is not taxable to the recipient and not deductible by the payer under federal law.
9. Can we agree on spousal support without going to court?
Yes. Spouses can negotiate and sign a separation agreement that includes spousal support terms, which the court can incorporate into the final divorce decree.
Prenuptial Agreements
Virginia Prenuptial Agreements: Essential Information
Virginia prenuptial agreements are legally binding contracts entered into by couples before marriage to establish their financial rights and responsibilities. Under Virginia's adoption of the Uniform Premarital Agreement Act, these agreements are fully enforceable provided they meet specific legal requirements. A valid Virginia prenuptial agreement must be in writing, signed by both parties voluntarily, and executed with full financial disclosure from each spouse-to-be. The agreement becomes effective only upon marriage and can address property division, spousal support, debt allocation, and other financial matters, though it cannot predetermine child custody or child support arrangements, as these must always be decided based on the child's best interests at the time of any legal proceeding.
The required components of a Virginia prenuptial agreement include complete and honest financial disclosure from both parties, covering all assets, debts, income, and financial obligations. The agreement must clearly identify which assets will remain separate property and which will be considered marital property, establish protocols for handling debts incurred before and during marriage, and outline any spousal support arrangements.
Both parties must sign the agreement voluntarily, without coercion or duress, and ideally with sufficient time for review and consideration before the wedding date. The agreement must also comply with Virginia law and public policy, meaning it cannot be unconscionably unfair to either party or contain provisions that would be against the state's legal principles.
Our law firm provides comprehensive prenuptial agreement services designed to protect both parties' interests while strengthening your relationship foundation. We begin with a thorough consultation to understand your unique circumstances, financial goals, and concerns, then guide you through complete financial disclosure and draft a customized agreement that addresses your specific needs. Our services include asset protection planning for real estate, investments, and business interests; debt allocation strategies; spousal support provisions; retirement and investment account protection; and specialized clauses for unique situations such as professional practices or family inheritances. We ensure your agreement meets all Virginia legal requirements while facilitating productive negotiations between parties, and we strongly recommend that each party obtain independent legal counsel to ensure full understanding and enforceability.
Throughout the process, we prioritize clear communication, transparent pricing, and compassionate guidance, recognizing that prenuptial agreements involve sensitive personal and financial matters. Our experienced attorneys work diligently to create agreements that not only meet legal standards but also reflect your values and relationship goals, providing peace of mind as you enter marriage with clear financial expectations and protections in place.
equitable distribution in virginia
🏛️ Equitable Distribution in Virginia Overview
In Virginia, when a couple divorces, the court follows the principle of equitable distribution to divide marital property and debts. This does not mean equal, but rather fair based on a variety of factors. The process involves:
- Classifying property as marital, separate, or hybrid.
- Valuing the property.
- Distributing it equitably.
📜 Statutory Factors Considered by the Court
Under § 20-107.3(E), the court must consider the following when dividing marital property:
1. Contributions to the Well-being of the Family
Includes both monetary (income, purchases) and nonmonetary (childcare, homemaking) contributions.
2. Contributions to the Acquisition, Care, and Maintenance of Property
Efforts by either spouse to acquire or maintain marital assets, including renovations or financial support.
3. Duration of the Marriage
Longer marriages may result in more equal distribution, especially if one spouse sacrificed career opportunities.
4. Ages and Physical/Mental Conditions of the Parties
Health and age can affect earning capacity and future financial needs.
5. Circumstances Leading to the Divorce
Fault-based issues like adultery or cruelty may influence distribution, though not always determinative.
6. How and When Property Was Acquired
Timing and method of acquisition (e.g., inheritance, gift, purchase) help determine whether property is marital or separate.
7. Debts and Liabilities
The court considers who incurred debts and for what purpose—marital or personal.
8. Tax Consequences
Potential tax burdens from asset division (e.g., capital gains) are considered to ensure fairness.
9. Use or Dissipation of Assets
If one spouse wasted or misused marital assets (e.g., gambling, hiding money), the court may adjust the distribution.
10. Other Relevant Factors
Catch-all provision allowing the court to consider anything else necessary to achieve fairness.
🧾 Property Classifications
- Marital Property: Acquired during the marriage, jointly owned or used.
- Separate Property: Owned before marriage or received as a gift/inheritance.
- Hybrid Property: Part marital, part separate—often due to commingling or joint improvements.
custody factors in virginia
Overview of Factors Used in Determining Best Interests of a Child in Virginia
🏛 Virginia Custody Factors – § 20-124.3
1. Child’s Age and Condition
- Considers the age, physical, and mental condition of the child.
- Focuses on the child’s developmental needs at different stages.
2. Parent’s Age and Condition
- Evaluates the age, physical, and mental condition of each parent.
- Helps assess their ability to care for the child.
3. Parent-Child Relationship
- Looks at the existing relationship between each parent and the child.
- Includes the parent’s positive involvement and ability to meet the child’s emotional, intellectual, and physical needs.
4. Child’s Needs and Relationships
- Considers the child’s needs, including relationships with siblings, peers, and extended family.
5. Parental Role in Upbringing
- Examines the role each parent has played and will play in the child’s upbringing and care.
6. Support for Other Parent
- Evaluates each parent’s willingness to support the child’s relationship with the other parent.
- Includes whether a parent has unreasonably denied access or visitation.
7. Parental Cooperation
- Assesses each parent’s ability to maintain a close relationship with the child and to cooperate in resolving disputes.
8. Child’s Preference
- The court may consider the child’s reasonable preference, depending on their age, intelligence, and maturity.
9. History of Abuse or Violence
- Considers any history of:
- Family abuse
- Sexual abuse
- Child abuse
- Acts of violence, force, or threat
- If such history exists, the court may disregard factor 6.
10. Other Relevant Factors
- The court may consider any other factors it deems necessary and proper to determine the child’s best interests
Virginia Civil Protective Orders in Family Law
Virginia Civil Protective Orders in Family Law
A Civil Protective Order (CPO) in Virginia is a legal tool designed to protect individuals from abuse, threats, or harassment, particularly within family or household relationships. These orders can be issued by a judge or magistrate and may include provisions such as no-contact orders, removal from a shared residence, and temporary custody arrangements.
Types of Protective Orders in Virginia
Virginia law recognizes three main types of protective orders:
- Emergency Protective Order (EPO): Issued quickly by a magistrate or judge, typically lasting 72 hours or until the next court session.
- Preliminary Protective Order (PPO): Lasts up to 15 days and is issued after a court hearing.
- Permanent Protective Order (PO): Can last up to two years and is issued after a full hearing.
Applying for a Protective Order
If you are experiencing abuse or threats from a family or household member, you can apply for a protective order through the Juvenile and Domestic Relations District Court. The process includes:
- Filing a petition with the court clerk.
- Attending a hearing where a judge reviews the evidence.
Defending Against a Protective Order
If you’ve been served with a protective order, it’s crucial to:
- Attend all court hearings to present your side.
- Consult a family law attorney experienced in protective order defense.
- Gather evidence and witnesses that support your case.
Legal representation is especially important to ensure your rights are protected and to navigate the complexities of family law.
Contact Us
If you need help applying for or defending against a civil protective order in Virginia, our experienced legal team is here to support you. Contact us today for a confidential consultation.