Divorce and Adultery in Virginia As far as procedure is concerned, adultery cases are some of the most difficult fault based divorce cases you can come across in Virginia. You have to meet a pretty strict standard of proof to satisfy the judge, you have to have a corroborating witness, and, of course, you have to follow all the local court rules about setting contested trials – which often require things like pretrial briefs, proffers, judicial settlement conferences, and more – just to get a … [Read more...]
How do I get him to agree to my terms?
How can I convince him to agree to my proposed distribution of assets? I’m continuing a conversation that I’ve been having all week, about a woman I met at a recent Second Saturday seminar monthly divorce seminar for Virginia women. On Monday, I discussed the kinds of records you should have to prepare for your divorce, and on Wednesday I continued with a discussion about dividing personal property in divorce. (Like I said, this lady had a LOT of questions!) She was also concerned about … [Read more...]
Dividing the personal property in Virginia divorce
On Monday, I wrote about a woman who came to Second Saturday with a TON of questions. I answered some of them in my article about the financial records you’ll need to prepare for your divorce that I published then, but I’m not done. I’m still talking about records, but today about personal property. Specifically, do you need to inventory everything? Do you need to assign value to each item? Do you need to tentatively list who plans to take each item? Again, slow down. No need to put the … [Read more...]
What records do I need for my Virginia divorce?
I recently taught our Second Saturday seminar in Newport News, and I met a woman there who is providing the inspiration for this post. I think she hoped to learn everything there is to know about divorce in 1.5 hours, which is an admirable, but probably impossible, feat, though I was impressed with her diligence and her insightful questions. She came with a copy of one of our free Virginia divorce books, which was covered in highlights and post it notes. It made me really pleased so see it … [Read more...]
Should I agree to his terms in our Virginia divorce?
Should I agree to his terms in our Virginia divorce? It often happens that, before I see a client in my office, she and her husband and/or child’s father are negotiating some behind the scenes. Though I often think that’s a good thing (hey, cheaper to agree yourselves than to pay me to negotiate it for you!), it can also be frustrating when a client and her child’s father have pre-agreed on some things that, on balance, she would be unwise to actually agree to. Without understanding the law or … [Read more...]
The Fifth Amendment and Adultery
Like everyone else, I’m a little obsessed with Hamilton right now; I saw it at Chrysler Hall this past winter, and watched it on July 3rd as soon as it came on Disney+. I’m also (no secret here) a Virginia attorney, and I’ve been reading up, since July 1st, on the new law changes that went into effect. One of the newest relates to the Fifth Amendment and claims of adultery. It makes me think of an exchange between Alexander Hamilton and Aaron Burr in the song ‘Non-Stop” where Hamilton is … [Read more...]
Un-Signing a Prenup
I talked last week about cases where a prenup is already signed (spoiler alert: YES, it IS a big deal!). The gist of it is that, in any case, a legal contract like a prenuptial agreement or a separation agreement exists in order to modify the law, and to make specific conditions apply to the case that may or may not be the ones prescribed by law. Without a prenup, the law is designed to treat property earned, purchased, or acquired during the marriage as marital property, which is to say that … [Read more...]
What if I have a prenuptial agreement?
Very few things strike fear into a divorce attorney’s heart as much as the words, “I have a prenup,” unless its “I already signed the separation agreement”. Either way, it’s very, very relevant information, as what you already signed can have a significant (and sometimes terribly detrimental) impact on your entitlements. When we speak about divorce law in Virginia, including what specific rights and entitlements apply in a general sense, we’re talking about a case where a prenuptial … [Read more...]
What happens in an initial consultation for divorce or custody?
We get a lot of consultations that are scheduled, and then rescheduled, rescheduled again, and sometimes even flat out cancelled. I get it. It’s scary. And coming in for a divorce consultation with a real lawyer can seem like a step that you may or may not be ready to take. I’ve compared it before to opening Pandora’s Box – but, really, it’s not like that at all. I think, too, in the early days before you are for sure ready to move forward with divorce, there are good days and bad … [Read more...]
Divorce and Compromise
A friend sent me a message the other day about divorce to ask me about her divorce. It happens all the time! She had gotten an inheritance from her grandmother, she said, and used it to buy a car and a trailer, but that her soon to be ex was keeping it hostage and she couldn’t convince him that it was hers. (Under Virginia law, inherited property is separate property.) “Should I just give him half and move on?” she asked. In this case, I get it. These two people really didn’t have anything … [Read more...]
