For many people who are in the beginning stages of contemplating a divorce, one of the first steps is a so-called trial separation. During this time, many things can happen but some of the most common are attending marriage counseling, meeting with pastors and other counselors belonging to the couples’ religious faith, meeting with attorneys,...
Monthly Archive: October 2026
Everyone is using AI. Heck, I’m using AI. I don’t always use AI, and I don’t use AI instead of writing things myself, like this article. But I do use it sometimes for inspiration, to proof and polish, or even to help fill in gaps. Sometimes, when I can’t find the words (which, I admit,...
Virginia is not a state that follows a presumptive 50/50 custody model. In Virginia, the court is supposed to consider all forms of physical custody – primary, shared, and split – equally before making a decision in line with the “best interests of the child.” That doesn’t mean, though, that we don’t see a lot...
When it comes to custody and visitation decisions, there are a lot of criteria that we – attorneys, judges, and Guardians ad litem – must consider. As a parent, there are a lot of criteria you may be weighing, too. One of those factors is almost certainly the child’s preference. Does the child prefer to...
If your divorce or custody case is coming up soon and you’re in Virginia, it’s not a bad idea to consider going to court to watch a case in action – maybe even a case run by the judge who’ll be presiding over your case, if you know who that will be already. But –...
Before I get really going here, let me just lead with the conclusion: Virginia is not a state that is particularly friendly to grandparents when it comes to custody and visitation. That doesn’t mean that grandparents can’t file and ask a court to grant them custody and/or visitation – actually, any non-parent third party could...
Going through a custody case is harrowing in the best circumstances (is that an oxymoron?) but it’s even worse when your soon-to-be ex is an alcoholic or struggles with substance abuse issues. And you know what’s worse than that? Knowing he’s an alcoholic but without having information or evidence to back it up. You’ve seen...
In Virginia, before we divide property in divorce, we classify it as either separate, marital, or hybrid. Separate property is just that – separate – so it is owned by only one party and it is not divided in divorce. Marital property, on the other hand, was either earned, purchased, or acquired during the marriage. ...