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Michael Christopher Miller

Michael Christopher Miller

Cole Miller PLLC
  • Family Law, Divorce, Domestic Violence
  • Ohio, Virginia
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Summary

Michael Miller is a partner at Cole Miller PLLC, located in Vienna, Virginia. Providing representation to clients in the northern part of the state, in particular the area adjacent to the District of Columbia, he focuses his practice entirely on family law matters, including divorce and such related issues as property division, child custody and visitation, alimony and child support. Mr. Miller also has experience with the preparation of wills and other estate planning documents.

Mr. Miller is especially well-positioned to represent armed forces personnel who are going through a divorce after serving for seven years as a judge advocate in the U.S. Marine Corps. His duties in that position often involved acting as defense counsel at court martial trials that concerned child or spousal abuse. When managing the legal assistance office at Camp Lejeune, he oversaw many family law cases involving divorce or support. In his position as the staff judge advocate of the 26th Marine Expeditionary Unit, he continued to counsel service members grappling with family law problems. During another assignment at the Naval Justice School in Newport, Rhode Island, he trained judge advocates and paralegals on family law and estate planning subjects.

As an undergraduate, Mr. Miller attended The University of Utah and received a Bachelor of Science in accounting in 1988. He then pursued his legal education at the University of Akron School of Law and was awarded his Juris Doctor in 1991. Admitted to practice before all Virginia state courts, he has been in private practice since 1999. Mr. Miller is a member of the Domestic Relations Section of The Virginia Bar Association.

Practice Areas
  • Family Law
  • Divorce
  • Domestic Violence
Fees
  • Free Consultation
    I provide a free 20 minute telephone consultation to address urgent matters.
  • Credit Cards Accepted
    Visa, MasterCard, Discover, American Express
  • Rates, Retainers and Additional Information
    Initial consultation - $300 Hourly rate - varies
Jurisdictions Admitted to Practice
Ohio
Virginia
Languages
  • English: Spoken, Written
Professional Experience
Founding member
Cole Miller PLLC
- Current
attorney
Maddox, Cole and Miller, P.C.
-
Judge Advocate
United States Marine Corps
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Education
University of Akron
J.D. | law
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University of Utah
B.S. | Accounting
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Awards
Super Lawyer
www.superlawyers.com
Professional Associations
Virginia Bar Association
Chair, Domestic Relations Section
- Current
Publications
Articles & Publications
Top Mistakes in Military Divorce
National Business Institute
Speaking Engagements
Top Mistakes in Military Divorce, webcast
National Business Institute
Certifications
Judge Advocate
United States Marine Corps
Websites & Blogs
Website
Website
Legal Answers
126 Questions Answered

Q. What is the first step to modifying a current support order?
A: Making sure one has a material change of circumstances that would warrant a modification. Then, asking the other side if they would cooperate with modifying the order.
Q. If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?
A: Title determines who gets the property. Individually title property must be awarded to the individual. Jointly titled property may be awarded to either title holder or sold. Title alone does not determine whether there is marital equity in property that would be subject to division. Property brought into the marriage is presumed to be separate property so long as it was maintained as separate property. The burden of proof would be on the non-titled spouse to prove there were contributions of marital property to the equity in the separately titled property of the other spouse. From there, it gets complicated. See. Va. Code 20-107.3.
Q. what is the law for serving by publication out of state
A: Service by publication is the last resort for service when one cannot find the person to be served. Provide the GAL your address so the GAL can serve you directly. Also, file your address with the court(s) so no one can say they don't know where to serve you.
Q. Can you receive back child support if there was no court order ?
A: Support may only be retroactively applied back to the date a petition for support was filed.
Q. My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1
A: From what you provided, it appears the father starts his regular weekend visitation at 6 p.m. on Sunday. Normally, that would end on Wednesday. However, during his weekend visitation, the Christmas visitation starts at 2 p.m. on Tuesday (Christmas) and continues to Jan. 1. So, the father would have Dec. 23 to Jan. 1.
Q. How quickly can a lawyer domesticate a Florida Final Judgement and get a hearing on a Motion for contempt?
A: Get a "triple sealed" copy of the FL order. File it with a form DC582 in your local Va. JDR court. The court will send notice to the other party that they contest registration of the order if it is no longer in effect. Once registered, Va. will give full faith and credit to the Fl. order. File you contempt action. http://www.courts.state.va.us/forms/district/dc582.pdf
Q. Does alimony have an end date for a marriage of less than 15 years in Virginia?
A: The order that provides for spousal support will provide its terminating conditions. Spousal support can end upon the death of either party, or the recipient's remarriage or cohabitation for a year. If the court ordered support, then it can likely be modified upon showing a material change of circumstances. Whether retirement constitutes a material change, or can give rise to a modification, is a frequently contested issue. If support was set by agreement, it is not uncommon for agreements to provides that support is non-modifiable or subject to limited modifiability.
Q. If I have a Divorce agreement that states
A: If you and your daughter can be on his policy, he provides insurance at his cost. If you and your daughter can't be on his policy, but can subscribe to continuation, i.e., COBRA, coverage, he will sign the form, but you pay. You pay for your and your daughter's care expenses not paid by insurance.
Q. Non-Custodial moved to NC and order is in GA. Which state handles 3 year modification calc?
A: Once a state issues a custody order, it has sole and exclusive jurisdiction to modify that order so long as a parent or child continue to reside in the state. When everyone moves from the state, and after 6 months, the jurisdiction to modify moves to where the child resides.
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Contact & Map
1945 Old Gallows Road
Suite 205
Vienna, VA 22182
USA
Telephone: (703) 883-3707