Randall J. Borden, Attorney at Law

For 30+ years, Randall J. Borden has been a dedicated legal advocate for clients throughout Virginia and Maryland, handling litigation involving all aspects of family and estate law. Well-respected for his integrity and well-honed legal skills, Attorney Borden has an impressive record of satisfied clients and successful outcomes.

Although he can be aggressive when necessary, you will find him to be as sharp and straight to the point in trial, as he is caring and supportive in a personal setting. One thing you can count on once you become a client of our practice is that Randall Borden will always make your interests his top priority.

Practice Areas of
Randall J. Borden

Randall Borden has a reputation for both being well-practiced in the courtroom and getting things done as soon as the case starts, as well as being known for adept maneuvers in response to opposing Attorneys. Below are descriptions of his areas of expertise in Family and Estate Law in Virginia and Maryland.

Family Law Litigation

Although at the best of times, family relationships may seem far removed from courtroom battles, when serious friction becomes damaging or even toxic, legal solutions may be required. If you are considering divorce, now is the time to get in touch with our office in Fairfax. While divorce always involves some compromises, Attorney Borden will fight tirelessly for your and your children’s best interests and rights to ensure that your final divorce agreement meets your needs.

Divorce

Divorce, like marriage, is a legal as well as emotional undertaking. Fraught with potential areas of contention, divorce requires solid, empathic legal representation. You can count on Randall Borden’s in-depth knowledge of Virginia and Maryland state laws on grounds for divorce, valuation of marital and separate property, and all other matters involved in the divorce process. He will clarify the requirements for residency and a separation period, and advise you about whether fault-based or no-fault divorce is the best choice in your case.

Child Custody and Visitation

Child Custody and Visitation are typically the most sensitive issues in any divorce that involves minor children. It is crucial to have a family law Attorney who understands and clarifies the factors that may affect court decisions on child custody, such as the stability and lifestyle of each parent, the parent’s relationship with the child, and the child’s preference if the child is of appropriate age.

Child & Spousal Support

Child Support & Spousal Support are complex areas of family law and must be evaluated in terms of each parent’s income and earning ability, the needs of the child, the marital standard of living, and the duration of the marriage. In both Virginia and Maryland, specific guidelines dictate support amounts; however, an Attorney can argue for deviations from these guidelines based on unique circumstances.

Division of Property

Division of Property in both states adheres to the principle of equitable distribution, and both make a clear distinction between marital and separate property. The former is anything acquired during the marriage, while the latter is property acquired before the marriage or received by one party as a gift or lawsuit settlement. Bank accounts established during the marriage, whether held jointly or not are considered marital property. Randall Borden will make sure that all property is accounted for and all valuations are accurate.

Domestic Violence

Domestic Violence is a grave issue. It can significantly impact divorce proceedings and custody determinations or make modifications to the divorce agreement urgent. As your dedicated family lawyer, Randall Borden will take your side if you are a victim of domestic violence, seeking a protection order that forbids the abusive party from making contact with you.

You can rely on our Attorney to gather evidence and testimony to prove your claim and fight persuasively for you in the courtroom whether you are the victim or the party wrongfully accused.

Divorce Agreement Modifications

Modifications of Your Divorce Agreement may be necessary as circumstances change. Attorney Borden will help you petition the court for modifications to your divorce agreement for reasons that affect you or your child physically, emotionally, or financially, such as remarriage, relocation of a parent, or major changes in either parent’s income, physical or mental health.

Estate Litigation

Attorney Borden also excels in his role as an estate litigator, handling contested wills and other legal matters involving inheritance.

Contested Wills

Given the complex dynamics within family relationships, which may encompass a range of emotions, there exist various grounds upon which a will may be contested.

It’s important to realize that the individual contesting the will must be “an interested person,” typically someone who is entitled to receive property under the will or intestate state laws. More than that, the interested party must have reasonable grounds for contesting the will — in most cases, being left out of the will is not considered reason enough to question its validity.

Reasonable grounds for contesting a will include claims that the will:

Was written under duress or undue influence
Was written or signed by a testator who was not of legal age (18) or lacked the mental capacity to draft a will
Was not the most recent will written by the testator
Was forged, conceals assets, or is otherwise a misrepresentation
Contains incorrect valuations of property
Contains inequitable distributions that differ from previous discussions with the deceased
Fails to comply with statutory requirements, e.g. was handwritten and illegible, unsigned or unwitnessed

Another area that may lead to dispute is a contradiction between a beneficiary designation and a will. You should be aware that a beneficiary designation supersedes a will if the two contradict one another.

Trust Litigation

Randall Borden also handles disputes between trustees and beneficiaries. While trusts are valuable estate planning tools that can, depending on type, protect estate assets from probate, unnecessary taxation, creditors, and lawsuits, they can also give rise to conflicts that lead to litigation.

Trust litigation is commonly based on one of the following claims:

  • Undue stress on the trustor at the time the trust was created
  • Incorrect or fraudulent components
  • Mismanagement by the trustee (e.g. excessively restricted distribution of funds)

Whether you are a beneficiary who is being denied needed funds or a trustee who is being wrongly accused of mismanagement, our strong trust litigation Attorney is here to support your claim and fight for your rights.

Contact Our Experienced
Family & Estate Law Litigator

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Divorce and death both involve loss and both become more painful when a private matter turms into a legal conflict. Let our well-seasoned, compassionate Attorney help you meet the challenges you face with confidence and peace of mind.

Fairfax Office
10627 Jones St, Suite 201A
Fairfax, VA 22030
Call our office 1-703-385-8722