In Virginia, adultery is all about what you can prove. If you’ve had an affair, you’ll want to keep it as quiet as possible, especially if you’re hoping to receive spousal support in your case. Most divorces in Virginia are “no fault” divorces. That doesn’t mean that neither of you committed any fault that ultimately...
General
The Virginia divorce laws that deal with adultery are probably not as strict as you would think. When adultery is an issue, most women think that there will be serious legal repercussions. Usually, though, that’s not the case. Adultery is traumatic in a unique way, because there is such a feeling of total betrayal of...
In Virginia, there are a lot of different options when it comes to divorce, and the path that you choose has a definite impact on how long it actually takes for you to get that final divorce decree signed and in your hand. Whenever a client asks me how long a divorce typically takes, I’m...
One of the most common questions I get is, “Can we be separated and living in the same house?” The short answer is yes, but it’s tricky. For whatever reason, you may not be quite ready to physically separate from your husband, even though you’re headed towards divorce. The most common reasons I hear all...
In Virginia, the complaint is the document you file to begin your divorce case. It’s a very important document, because it sets forth your grounds and asks the court for relief. In your complaint, you’ll ask the court for all the important things you’ll want out of your divorce: custody, support, and equitable distribution. Remember:...
Legal separation in Virginia is simple to define: when one person forms the intent to end the marriage, the parties become legally separated. You don’t have to go down to the courthouse or file any paperwork. It’s that way in some states, but in Virginia it’s much easier. Of course, legal separation comes with its...
As far as custody cases go, primary physical custody is pretty much the holy grail. I have clients all the time who tell me that they want sole custody, but these days, that’s really not something that happens. So what is the court looking at when making a decision? That’s a great question. First of...
The Virginia divorce process can basically go in one of two ways: either your divorce is litigated and it follows the steps set by the local circuit court, or it is uncontested and you negotiate a separation agreement. It is possible to have some sort of combination of the two, where you either start out...