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Understanding, Sensitivity and Expertise

by Thomas D. White

Legal family issues such as divorce, child custody, visitation and support, adoptions, and prenuptial agreements require the services of an attorney who has good litigation skills and who specializes in Virginia domestic relations law with understanding, sensitivity, and expertise. At CowanGates PC, a full service law firm representing individuals and corporations in the Richmond and tri-cities areas in both local and Federal courts. Mary Burkey Owens and Ishneila Ingalls Gubb are two such attorneys who help people find resolutions to the delicate, stressful, and often painful process of divorce and its consequences. Owens and Gubb agree that every effort should be made to salvage a marriage, whether it's through counseling or other suitable reconciliation avenues, "...but if all else fails, our firm is here to assist you through the legal process."

Attorney Mary Burkey Owens knows how slow and painful the divorce process can be, having handled over 1200 divorces the past fourteen years. Prior to joining CowanGates PC in 1994, Mary worked for Mays & Valentine. She is a graduate of Virginia Tech and the T.C. Williams School of Law at the University of Richmond. Owens has spent her life in Chester and is currently a Trustee of Chester Presbyterian Church, the church where she was baptized. She and her husband enjoy boating, fishing, traveling and relaxing at their cottage on the Chesapeake Bay. Owens takes a common sense approach to family law and believes fair settlements can be reached for all parties. "But to survive the process you must be prepared emotionally, financially, and legally during this difficult time. When considering a separation or divorce, an attorney specializing in domestic relations law should be consulted immediately," she advises.

A graduate of the University of New Hampshire and, like Owens, the T.C. Williams School of Law, Ishneila Ingalls Gubb was raised on the Eastern Shore of Virginia where her father is an emergency room doctor. Her parents live on a farm with a vineyard and sell their grapes to The Williamsburg Winery. Ishneila clerked two years for the recently retired Chesterfield County Judge John Daffron. She enjoys swimming and cooking and lives in Richmond's historic Fan District. Gubb recognizes the public's desire for more information on legal issues and speaks before community groups to share valuable information. One particular subject on which interest has increased in today's society is prenuptial agreements. "But only a small percentage of marriages have prenuptial agreements, so people divorcing need to know the many legal remedies and protections already in existence," Gubb explains.

To avoid the bulk of legal costs associated with divorce and the emotional toll and turmoil associated with dividing property, both attorneys recommend prenuptial agreements, particularly for a marriage between persons with children and/or assets from a previous marriage, a marriage where both parties have careers and one person will sacrifice a career for the marriage, and a marriage where both parties have separate assets and/or careers and wish to pool their assets or earnings in a definite manner. A prenuptial agreement is a contract between two people that takes effect when they marry. It can include the personal rights and obligations of each spouse, the disposition of assets, the rights to property, spousal support, will or trusts, and the disposition of life insurance benefits. Virginia Code Section 20-147 through 20-154 specifically advises what can be included in a valid premarital agreement and how the agreement must be drafted to follow the law. A premarital agreement must be in writing and executed freely and voluntarily by both parties. It is recommended that each party retain his or her own attorney to be certain of his or her rights.

Getting married is one of the happiest times in a couple's life. Unfortunately separations and divorces are all too common, and a prenuptial agreement can greatly lessen the stress of legal proceedings surrounding these unforeseen events.