Custody cases can be determined in either the juvenile and domestic relations district court or the circuit court. Whether you’re in juvenile or circuit court, the court can make an temporary, or pendente lite (that’s a Latin phrase that means “while the litigation is pending”), determination of custody. All that “pendente lite” means is that...
Monthly Archive: April 2014
Most states, including Virginia, make decisions regarding custody and visitation based on the “best interests of the child.” The court looks at the factors and, ultimately, has to make a determination based on those factors that serves the best interests of the child (or children) in question. In Virginia, we have 10 factors that take...
In Virginia, when we talk about child custody, there are two different categories of custody that we discuss: physical custody and legal custody. Legal custody refers to the right of a parent to make decisions on behalf of the child. Physical custody, on the other hand, has to do with where the child spends the...
A divorce is uncontested when all the outstanding issues in the divorce have been resolved. The issues are resolved when the parties negotiate and sign a separation agreement. Does that sound simple? Well, that’s because, in most cases, it really is! In an uncontested divorce, for the most part, you stay out of court. There...
If your daughter is going through a divorce, you’re probably wondering what you should tell her. You can easily provide emotional support, but you probably know that the most important thing you can do for her is actually get informed about the process, so that you can give her advice that helps her case down...
When you and your husband stop “cohabitating” (living together as husband and wife) and make the decision to end your marriage, you have separated. What it means to be separated is something that differs from state to state, so this definition may be different if you live in another state, but, in Virginia, this is...
Well, suddenly, a divorce-related phrase I’ve never heard before is trending all over the internet. Suddenly, ever since Gwenyth Paltrow announced her separation from hubby Chris Martin, it’s all anybody can talk about. What does “conscious uncoupling” mean? Well, Gwenyth didn’t exactly provide a dictionary definition, but I can guess what she’s referring to is...
There are two basic ways to get divorced: with an agreement, or in court. These days, most people get divorced with a separation agreement, because it’s cheaper, easier, and much less adversarial. What’s a separation agreement? A separation agreement is a legal contract that divides all the assets, liabilities, and responsibilities in a marriage between...