Adultery is the most difficult to prove of the fault-based grounds. Today, very few divorces are actually granted on adultery because (1) its hard to prove, and (2) the vast majority of cases settle before trial. But how do you actually go about proving adultery? You've heard that it's difficult, and that the standard of...
Divorce
I recently read an article about divorce sex that said no one is talking about it, but everyone is doing it. I can understand the appeal. You're heartbroken and scared, you're worried about your future and start to wonder whether you'll ever meet someone and have sex again. There's also probably some lingering doubt about...
We all have the ability to instantly share information about where we are, who we're with, and what we're doing. As membership on sites likes Facebook, Twitter, and Google+ soars, even among otherwise responsible, respectable, professional people. Social media and internet dating sites have proven to be dangerous inventions, especially in divorce cases. Really, they...
The first steps you take are often the most important, because they go so far towards setting the tone for your divorce. Are you going to sit back and wait to get served divorce papers from your husband’s fancy attorney, or are you going to take the steps now that will protect you in the...
There are very few things in a marriage that are truly “separate.” Even if you have separate bank accounts or credit cards, if you’re married, those things will probably be considered as joint assets or liabilities. In Virginia, at least, what is defined as marital or separate property really has nothing to do with the...
I have a new mantra for you, “It is NOT the principle that matters.” Try that out. Say it a few times. Let it sink in. Because seriously, ladies, we can’t afford to be constantly governed by principles, especially when it comes to divorce. I know, I know—your emotions are raw, your foundation has been...
One of the most difficult conversations I’ve ever had with a client had nothing to do with the law or her entitlements under it. “I never thought I would have to do this after so many years of marriage,” she cried to me over the phone. “But I went to get tested.” In general, the...
When adultery causes the breakdown of a marriage, there are a lot of competing emotions. Adultery is such a major violation of trust that it seems like the consequences should be severe. In fact, in Virginia, adultery is still a crime and, even though it is rarely ever prosecuted, it is still true that the...