Experienced Virginia Lawyer in Roanoke

Every client is important to us. We take a hands-on approach to the law and sees cases through to the best possible outcome for the client. A general practitioner, the majority of our practice is concentrated on: Domestic Law, Family Law, Matrimonial Law, Separation, Traffic Law, Estate Planning, & Criminal Law.

Quality Representation

Your peace of mind is one of our top priorities. We strive to resolve each case out of court to reduce costs and lessen the strain on your everyday life. If a trial becomes inevitable, I am a strong litigator and will aggressively fight for you. He has the experience, skill, and determination needed to resolve complicated legal matters involving divorce, traffic, estate planning and criminal law cases in Roanoke and the New River Valley.

Traffic Ticket Support

Clients from out-of-state depend on Eric for help with moving violation tickets. With an office located directly off Interstate 81, one of Virginia’s most trafficked roadways, he knows how often drivers need assistance. Eric has helped hundreds of clients stuck with severe ticket offense and fines. His knowledge and experience is invaluable.

Serving Virginia Clients

Eric Spencer works with clients in the city of Roanoke and throughout:

  • Roanoke County
  • Franklin County
  • Bedford County
  • Botetourt Count
  • Montgomery County
  • Salem City
  • Roanoke City

Profile

Attorney Eric Spencer has lived in the Roanoke area for more than 30 years. He is an adept litigator dedicated to protecting his clients. Eric is also on the Court Appointed List and the Legal Aid Society Conflicts List. When not practicing law, Eric is the father of two daughters and a lifelong Rolling Stones fan.

Legal Services

We offer a wide range of legal services. If you need further information, please don't hesitate to contact us.

We are here for you:

Dealing with a legal obstacle, no matter how small, can be daunting when you are on your own. We are here for you. Eric Roland Spencer, P.C., Attorney at Law, has been practicing in Virginia for over 30 years. A Martindale-Hubbell BV rated attorney, he knows how to efficiently handle legal transactions in a cost-effective way. In court, Eric is a strong litigator with a commanding presence who will fight for your rights.

Before he opened his Roanoke law office, Eric was an attorney for the United States Department of the Treasury, Office of the Comptroller of the Currency, in Washington D.C. Though he gained valuable experience through his work with the government, Eric wanted to do more with his legal degree. He wanted the opportunity to help directly improve the lives of others.

Working with Eric means you have more than a seasoned attorney on your side—you also have the assistance of his support staff, Pam Greenway and Martha Wood. They act as a team to make sure all your questions and concerns are addressed. Every aspect of your legal matter is thoroughly examined. Your case will never be lost in the bureaucratic shuffle of a larger law firm.

Domestic law - Divorce & Child Custody

Basics of Divorce in Virginia

Using Roanoke as an example, if you are divorcing in Roanoke, to obtain a Roanoke legal divorce, either you or your spouse must be a resident of Virginia or a member of any armed force stationed in Virginia for six months. Either spouse can get an uncontested divorce in Roanoke simply by filing divorce in Roanoke and stating in the divorce papers that the parties have lived separate and appart the required amount of time.

In addition, the two parties must have been living apart for at least one year. If there are no children and the spouses enter into a separation agreement they can get a divorce after being separated for only six months. For a contested divorce, if the spouses have been separated less than one year and are not in agreement that a divorce should occur, the spouse seeking a divorce must prove specific fault grounds for divorce.

The same rules apply for Salem, VA contested divorce proceedings and Salem, VA uncontested divorce proceedings. Eric Roland Spencer, divorce lawyer in Roanoke, can answer all your questions about Roanoke divorce, and divorce in Salem, VA and Vinton, VA.

The Divorce Process

In Virginia, to get a divorce in Roanoke, one party files a Complaint for Divorce with the Circuit Court. The other spouse is served with the papers and given time to respond. If the parties are in agreement about property and debt division, child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to a separation agreement, the court will set a future date for a hearing.

Marital Property, Alimony, Child Custody, Support in Virginia

In Virginia, all assets and debts acquired before your marriage are considered non-marital and after your marriage are considered to be marital property which must be equitably divided. In Virginia, alimony is called maintenance, and the court can order alimony at its discretion. In addition, a court in Virginia will make child custody decisions based on what is in the best interest of the child unless the parents come to an agreement. Child support in Virginia is based on the combined gross income of the parents and how many children must be supported.

If you are seeking divorce attorneys in Roanoke, contact Roanoke divorce attorney Eric Roland Spencer, also serving Salem, VA and Vinton, VA, to examine your divorce case and suggest the most feasible options.

Criminal Law - Expungement & Juvenile Crime

Charged with a crime in Virginia? Get straight answers

If you find yourself charged with a crime, you need the advice of an experienced Virginia criminal defense attorney. Most people have no idea how complicated the laws and procedures are that surround a criminal charge.

Criminal defense lawyer in Roanoke, Eric Roland Spencer will explain how the criminal justice process works in Virginia. Whether you are already charged with a crime, are under investigation, or are facing possible indictment, it is in your best interests to contact a criminal defense lawyer as soon as possible to represent you.

Defense at all levels for all crimes

Eric Roland Spencer will represent you in all courts where criminal matters are heard, including general district court, juvenile district court, circuit court, and federal district court for matters involving federal crimes. Whether you are charged with a misdemeanor or felony, a juvenile crime, or need a criminal record expunged, the firm can help.

The firm handles pre-indictment negotiations, bail applications, motion practice, trial practice, and appellate litigation

In many cases, Eric Roland Spencer can speak with state or federal prosecutors to attempt to avoid indictment or possibly negotiate a favorable resolution to your matter prior to trial. He will also we provide ardent and aggressive advocacy for his clients at trial.

Some of the offenses Eric Roland Spencer handles include:

  • Disorderly conduct
  • Minor drug offenses
  • Harrassment
  • DUI
  • Shoplifting
  • Violations of local ordinances

The firm also handles state and federal criminal offenses, which are more serious in nature.

A Roanoke criminal defense attorney will understand and explain the law as it relates to the crime you've been charged with. Your attorney will help you to make informed decisions as your case moves through the criminal justice process.

Contact the law offices of Eric Roland Spencer, criminal law firm in Roanoke, also serving Salem and Vinton, VA about your criminal law matters.

Family Law

Family law is a broad term that usually encompasses the practice of civil law covering the legal relationships between family members. Family law in Roanoke often involves:

  • Husbands and wives
  • Parents and children
  • Domestic partnerships

If you believe you or a loved one requires the services of a family law attorney in Roanoke, contact the law offices of Eric Spencer today.

Family laws in Roanoke

Roanoke family law firm may focus on family law in general, or a specific area of practice within Roanoke family laws, such as:

  • Adoption
  • Child Custody
  • Visitation Rights
  • Domestic Violence
  • Divorce
  • Juvenille dependency or delinquency
  • Spousal property rights
  • Spousal and child support obligations
  • Praternity
Do I need a Roanoke family lawyer?

If you or your family faces any type of legal matter in the Roanoke area involving personal relationships, such as divorce, adoption, or child custody, you should consult with qualified Roanoke family attorneys. Not doing so means facing the possibility of irreparably damaging your personal relationships and finding yourself in a legally binding scenario where your own personal rights and privileges have not been fully considered.

For example, couples undergoing a legal separation may not choose to retain family law firms in Roanoke to write up a formal separation agreement. Should this couple face a conflict of interest over child or spousal support while living apart, neither party has a legal leg to stand on in order to enforce their wishes. Family lawyers in Roanoke can help prevent such awkward and painful scenarios.

Estate Planning - Wills & Trusts

Estate Planning is Important

Estate planning is an essential component of an individual's financial life. Many people are reluctant to deal with legal issues such as wills and estate planning, but ignoring estate planning can have adverse results including placing a heavy estate tax burden on your heirs.

An experienced estate planning attorney such as Eric Roland Spencer can drastically reduce the chance of unforeseen complications such as claims to your property after your death, and can maximize the amount of assets passing to your heirs.

There are many aspects to a proper estate plan in Virginia

Eric Roland Spencer is available for drafting:

  • Wills
  • Trusts
  • Living Wills
  • Powers of Attorney
  • Advance medical directives

The firm can prepare living trusts, life insurance trusts, charitable trusts, minor's trusts and special-needs trusts and can assist with guardianships, conservatorships, and probate in Virginia. In addition the firm is skilled in Virginia Trust Administration and Estate Administration.

Your survivors deserve to receive your hard-earned wealth. Your children’s futures deserve to be safeguarded. An estate plan can carry out your wishes. Eric Roland Spencer can help with all your estate planning needs.

Virginia Powers of Attorney

In Virginia, you can sign a durable power of attorney to appoint someone to handle your assets if you become incapacitated. A power of attorney can appoint someone to manage and transfer all assets, make gifts on your behalf, create and amend any trusts you set up

In Virginia you can also sign a Health Care Power of Attorney, appointing someone to make health care decisions for you when you're unable to do so yourself. It is important to choose this person wisely since this person will be able to provide informed consent for treatment, and will be able to refuse treatment for you.

Avoid chaos, legal claims, and bad feelings among your relatives by contacting Roanoke estate planning attorney Eric Roland Spencer about developing an estate plan. Eric Roland Spencer also serves Salem & Vinton VA.

Matrimonial law

Estate Planning is Important

Dealing with matrimonial law in Roanoke can be a complex, emotionally stressful experience. In fact, it can be one of the most traumatic experiences any family ever faces.

If you face an issue involving Roanoke matrimonial law, you need an experienced, qualified Roanoke matrimonial lawyer to guide your case. The law offices of Eric Spencer can help.

Family law is normally handled by each state individually, meaning that what might work for someone in Virginia may not be applicable in any other state. You need local Roanoke matrimonial attorneys to handle your case. Eric Spencer can help you handle a simple uncontested divorce, a financially and emotionally complex marital dissolution, bankruptcy as the result of divorce, and everything in between.

Roanoke matrimonial law

Eric Spencer can assist you with finding grounds on which to establish a divorce, such as:

  • Abandonment or constructive abandonment
  • Cruel and inhuman treatment
  • Adultery
  • A decree of separation

Furthermore, typical divorce actions may address:

  • Alimony, support, and spousal maintenance
  • Custody and visitation
  • Property division
  • Paternity
  • Complex business evaluation
  • Asset investigation and evaluation
  • Debt management, including bankruptcy

Matrimonial law is not limited to dissolution of marriage, of course. Eric Spencer can also assist with prenuptial agreements, separations that do not dissolve a marriage, and other complicated matrimonial law issues.

While the idea of dealing with a complicated legal ordeal can seem overwhelming, an experienced matrimonial law firm in Roanoke can help guide you through the complicated process without fear. Eric Spencer oversees a number of complex and potentially contentious matrimonial law actions every year, and can provide caring advocacy to you in your time of need to help ensure your emotional, financial, and legal needs are respected.

Roanoke matrimonial lawyers

Eric Spencer works with clients in the city of Roanoke and throughout:

  • Roanoke County
  • Franklin County
  • Bedford County
  • Botetourt County
  • Montgomery County
  • Salem City
  • Roanoke City

Contact our Roanoke divorce and separation lawyers at Eric Roland Spencer, P.C., if it matters to you, it matters to us.

Separation

Separation is a legal alternative that many divorcing couples never consider, usually because no one brings the option to their attention. Unlike a Roanoke, Virginia divorce, a legal separation in Roanoke does not dissolve or end your marriage.

Instead, under a Roanoke separation agreement, a court order outlines the rights and responsibilities each spouse owes to the other. The spouses remain married in name only, while leading separate lives.

Separation can be advantageous for a number of reasons, while legally addressing issues such as:

  • Division of assets
  • Division of debts
  • Child custody and support
  • Child visitation schedules
  • Spousal support

If you think a divorce or separation in Roanoke makes sense for you, contact the law offices of Eric Spencer today.

Divorce versus legal separation in Roanoke

A Roanoke separation agreement addresses all of the same issues of a standard divorce. Roanoke separation protects all of the assets and interests of both spouses while allowing them to live apart. It does not preclude proceeding to a standard divorce or returning to a married lifestyle.

An agreement that defines a separation in Roanoke also lays the groundwork for a standard divorce, should one follow. Should a separated couple in Roanoke file for a standard divorce and appear before a court, the judge in that case is likely to carry over the applicable language of the separation agreement to the divorce agreement. For this reason, separation and divorce in Roanoke are not matters to be treated lightly, or without qualified legal representation.

Why choose legal separation?

Separation agreements allow couples to remain legally married while maintaining separate lives. This can be advantageous for a number of reasons:

  • The couple may wish to resume a married lifestyle after time apart
  • One spouse may not want to lose the health benefits afforded them by the other
  • Religious beliefs may preclude traditional divorce
Roanoke legal separation attorney

Eric Spencer works with clients in the city of Roanoke and throughout:

  • Roanoke County
  • Franklin County
  • Bedford County
  • Botetourt County
  • Montgomery County
  • Salem City
  • Roanoke City

Contact our Roanoke divorce and separation lawyers at Eric Roland Spencer, P.C., if it matters to you, it matters to us.

Traffic Law - Reckless Driving & DUI/DWI

Traffic violations are serious charges

A violation of the traffic law in Virginia can have serious and costly consequences and should not be taken lightly. If you receive a Virginia traffic ticket, contact traffic violations attorney Eric Roland Spencer for assistance. He will work with you so that you avoid serious penalties including losing your license, paying hefty fines, receiving points on your license, or having your insurance premiums increase immensely.

The firm’s representation includes the vigorous defense in Virginia of charges for:

  • Reckless driving
  • Speeding
  • DUI/DWI

Beating a speeding ticket in Virginia is not easily accomplished. Eric Roland Spencer is familiar with local laws, ordinances, and the standards applicable to your case. Avoid having your license suspended.

Virginia DUI/DWI and reckless driving

In Virginia, anyone convicted of DUI (driving under the influence of alcohol, drugs or a combination of both) is required by law to lose his or her license for one year (longer for repeat offenses). In Virginia, DUI is a class 1 misdemeanor with a maximum punishment of up to $2,500 fine and one year in jail for a first offense. If convicted you may be ordered to participate in the Virginia Alcohol Safety Action Program, a drunk driving education program that costs $400. Repeat offenses carry heavier consequences that can include upto a 5 year prison sentence.

Reckless driving tickets are often issued after automobile accidents. You may also be charged for reckless driving by driving 20 mph or more over the posted speed limit, or over 80 mph regardless of the speed limit. Penalties can include up to a year in jail and a $2500 fine, and/or suspension of your license for up to six months. Eric Roland Spencer can assist you with having penalties reduced or dismissed for your reckless driving charge. He will answer your questions in plain English.

Seek out the advice and representation of Eric Roland Spencer for your Virginia traffic law and violations needs including seat belt tickets, driving with no insurance, driving while license suspended, texting on a cellphone while driving, and all other moving Virginia violations.

The Roanoke, VA law offices of Eric Roland Spencer, also serving Salem and Vinton, VA, will vigorously defend you and try to minimize the impact of any Virginia traffic ticket you receive.

Get in touch

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Contact Information

Eric Roland Spencer, P.C.
300 Professional Arts Building
Thirty West Franklin Road S.W.
Roanoke, Virginia 24011

Phone: +1 (800) 464 4712

Fax: (540) 981 0441

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