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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 in office is $350; Hourly rate thereafter varies by the nature of the case
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.
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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
150 Questions Answered

Q. How long does a wife have to appeal a JDR court decision to reduce spousal support?
A: Va. Code § 16.1-296. Jurisdiction of appeals; procedure. A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order or conviction and shall be heard de novo. However, in a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment. Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.
Q. How long do you have to respond to Va. code 20-146.26
A: Either the order to be registered is the order in effect or it is not. There is no reason to delay disputing the order to be registered if it is not the order in effect.
Q. Do you have to testify against your spouse in a domestic abuse case where you were the victim?
A: Rule 2:504 SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2) (a) Privileged Marital Communications in Civil Cases. 1. Husband and wife shall be competent witnesses to testify for or against each other in all civil actions. 2. In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between such person and his or her spouse during their marriage, regardless of whether such person is married to that spouse at the time he or she objects to disclosure. This privilege may not be asserted in any proceeding in which the spouses are adverse parties, or in which either spouse is charged with a crime or tort against the person or property of the other or against the minor child of either spouse. For the purposes of this Rule, "confidential communication" means a communication made privately by a person to his or her spouse that is not intended for disclosure to any other person. (b) Testimony of Husband and Wife in Criminal Cases. 1. In criminal cases husband and wife shall be allowed, and, subject to the Rules of Evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney. 2. Except in the prosecution for a criminal offense as set forth in subsections (b)(1)(i), (ii) and (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between such person and his or her spouse during their marriage, regardless of whether the person is married to that spouse at the time the person objects to disclosure. For the purposes of this Rule, "confidential communication" means a communication made privately by a person to his or her spouse that is not intended for disclosure to any other person.
Q. What forms do I need to file a step parent adoption in Virginia
A: A petition and draft order will get you started. See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.
Q. My child has graduated high school at the age of 17. Is child support still required when mother has sole custoduy?
A: Yes. Child support is payable until age 18 years. "The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs." Va. Code § 20-124.2(C).
Q. Question about Child support /Custody
A: Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period." The father can claim anything he wants. At some point, someone needs to sit down with a calendar and mark out the days. A 24 hour period is one day. An overnight less than 24 hours is a half day. If there is no overnight, it is zero. Both parents must have over 90 days to use the shared custody formula.
Q. I live in va my kids mother jus moved to north Carolina what do I need to do to get joint custody
A: Before the children reside outside of Virginia for six months, you need to file a custody petition. After six months, you will be traveling to a NC court to determine custody and visitation.
Q. I got married abroad. When I immigrated to the U.S. in 1994, my wife did not come. Lost touch, can I get a divorce?
A: Yes. If you meet the residency requirements for Virginia (six months) and the requirements for divorce based upon one year separation, you can file for divorce. If you cannot locate the other party, you can serve by publication.
Q. I am looking to appeal a final order of a divorce case in Virginia
A: You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry. You must notice your appeal with 30 days of entry of the final order.
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1945 Old Gallows Road
Suite 205
Vienna, VA 22182
USA
Telephone: (703) 883-3707