I am a tenacious Roanoke lawyer who puts my clients' interests first. As a general practice attorney, I have extensive experience in many different areas of the law, including: business formation and corporate governance, general civil litigation, family law (divorce, support and custody), plaintiff's personal injury, GAO protests and federal procurement law, bankruptcy (Chapters 7 and 13), construction litigation, civil rights and s. 1983 cases, protective orders, and alternative dispute resolution. This broad experience allows me to bring a different perspective to bear in my practice. I have won jury and bench trials in Virginia, and have been victorious at the appellate level in both state and federal courts.
I also have a number of published opinions and notable cases under my belt, including:
Collins v. Solomon, 500 B.R. 747 (2013)
Wiencko v. Takayama, 62 Va. App. 217, 745 S.E.2d 169 (2013)
Smith v. Ray, et al., 4th Cir. Ct. App. UNP (2011) Case No. 09-1518
Rush v. Commonwealth, 2014 Va. App. UNP (June 10, 2014) Record No. 1748-13-4
Garner v. Ruckman, 2011 Va. App. UNP (2011)
Wise v. Velazquez, 2008 Va. App. UNP (2008) Record No. 3094-07-2
Tom is a Roanoke native. After graduating from North Cross School in 1998, Tom graduated from Hampden-Sydney College in 2002 and the T.C. Williams School of Law at the University of Richmond in 2005. After graduating from law school, Tom worked in Richmond, VA, then Winchester, VA and Poquoson, VA. He recently returned from a 3-year sojourn in Idaho, where he received accolades for his work on a special project for the United States Air Force's Air Combat Command and 366th Fighter Wing in conjunction with the Republic of Singapore, securing contractor services to train foreign fighter jet pilots and maintenance crew for the F-15SG fighter jet variant and help reinforce the U.S. defense posture in southeast Asia.
- Business Law
- Family Law
- Appeals & Appellate
- Estate Planning
- Free Consultation
- Credit Cards Accepted
- Rates, Retainers and Additional Information
On a case-by-case basis, I may offer alternative billing arrangements to meet my clients' financial circumstances.
- 4th Circuit
- English: Spoken, Written
- Firm Owner
- Ashton Law Office PLLC
- Federal Procurement
- 366th Fighter Wing, United States Air Force
- Firm Owner
- Ashton Law Office, PC
- Senior Associate
- Solomon Law Group
- Hart & Assoc., P.C.
- Henrico County J&DR Court
- University of Richmond School of Law
- J.D. (2005)
- Hampden-Sydney College
- B.A. (2002) | Political Science
- Honors: cum laude
- Virginia State Bar # 70776
- Ashton Law Office, PLLC website
- Ashton Law Office blog
- Local TV station airs second Ashton Law Office segment.
15 October 2019
- What usually happens during a contested divorce?
15 October 2019
- What usually happens during an uncontested divorce?
10 October 2019
- Can grandparents get custody?
8 October 2019
- Same-sex couples can now get a "no-fault" divorce.
7 October 2019
- How to get financial (or any) information in your divorce case.
4 October 2019
- Free Learning Sessions on October 17, 2019 at Roanoke Library.
3 October 2019
- Attorney Tom Ashton now appearing on WSLS Daytime Blue Ridge.
3 October 2019
- The law may not reward you the way you think it will.
2 October 2019
- Q. My daughter's father and I had a non-legal agreement that he'd pay $500 (cash) monthly as child support.
- A: Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.
- Q. I'm 17 and my grandparents have raised me. I want them to have full custody. Can I file a petition myself?
- A: Unless you are an emancipated minor (in which case custody wouldn't be an issue), the answer is almost certainly no. Your grandparents may be able to file themselves, seeking non-parent custody. Or a sympathetic parent who agrees with your wishes may file to change custody. But yes, your parents could fight the petition. Most do, in these cases. You should contact an experienced attorney immediately, to seek legal advice and protect your rights and interests.
- Q. I am asking for physical custody of my daughter and we went to mediation and can't agree on custody? What do I do?
- A: You should contact an experienced attorney immediately, in order to protect your rights.
- Q. I’m 16 almost 17, how much of a say do I have to get visitation rights changed?
- A: Custody cases across the board are usually extremely case-specific, meaning that no one answer is likely to be accurate in all apparently similar scenarios. The answer also often varies by jurisdiction and even by which judge within a particular jurisdiction hears your case. However, in my experience, the closer a child gets to 18 years old, the more influence his or her desires have on the ruling of the court. Hypothetically, assuming no other adverse circumstances which would override the child's wishes, a 16 or 17 year old child ought to have a great deal of influence on visitation. You should contact a family law attorney in your area to discuss this issue further and obtain accurate legal advice for your particular situation.
- Q. Ex and I have joint custody, he's custodial, yet won't let me see them. I'm 5 mins away, can he keep them from me!?
- A: It likely depends on the exact language in your order. Lots of orders out there have standard language that allows "reasonable and liberal visitation as agreed between the parties." The issue in cases where (a) this language is included, and (b) visitation is being denied by the custodial parent, is usually whether the denial is "reasonable." Also, there may be issues if you haven't notified the court of your change of address. However, before you take any action, you should speak with an experienced attorney, who can advise you of the best action to take under your particular circumstances, as all custody and visitation cases are very fact-specific.
- Q. In VA. I have a dentist collection from maybe 2015 or 2014. The debt collector never got in contact with me until now.
- A: It depends. Did you sign an agreement at the dentist's office to pay for treatment? If so, then the statute of limitations could be 5 years, not 3. Also, if they already have a judgment against you, it could be longer that 5 years. This is very fact-specific, and is something you should discuss with an attorney who can give you legal advice based on your spefici set of facts.
- Q. My question is my grandfather wants to leave me his house. But we are unsure about how to go about it. And any issues.
- A: This is more of a wills/estate planning question. Depending on things like your age and whether or not your grandfather has clear title to the house, it may be a pretty straightforward answer. However, there are some important questions that need to be answered before you all take any action on his wish. Is there another person on the deed? How is title held? Does he have a mortgage? What is the value of the house? How old are you? And many more. There are also tax planning questions that probably come into play. You need to talk to an attorney who knows what he or she is doing.