A lot of divorcing couples own a business–something that tends to complicate equitable distribution. Equitable distribution is a fancy word we use to describe how property is divided in Virginia. Equitable distribution, unlike community property, doesn’t necessarily assume that property will be divided 50/50, but that negative and positive monetary and non monetary contributions can...
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In Virginia, as in most states, the standard we use for custody cases is the best interests of the child. In Virginia, as in most states, we have a number of factors that comprise, basically, what factors we believe account for what types of choices, when it comes to custody and visitation, are in a...
Some marriages have been over for years before the Mrs. sets foot in our office. Others—well, let’s just say they’re a little more up in the air. Some women come in just wanting a little more information about what might happen if things start heading towards divorce. Others try marriage counseling first, and only come...
As you’re likely already aware, adultery is grounds for divorce in Virginia. Adultery includes consensual sex of any kind (oral, anal, or vaginal – sorry to get graphic!) with a person who is not your spouse, and it’s particularly interesting of the fault based grounds for divorce. Though technically it qualifies you for an immediate...
Every so often, I meet someone who thinks he (well, usually it’s a he) knows more about the divorce than the woman who is supposed to become my client. They try to strong arm the conversation, to steer it in their direction, and to do everything in their power to “help” the divorcing woman. A...
When you file a case in the circuit court, it’s a matter of public record. Divorces, therefore, since they are filed in the circuit court, are public record. When you file a divorce, your complaint is either served on your husband by a sheriff or returned to you (or your divorce lawyer, if you’re represented...
I’m about to have a baby. Well, to tell the truth, I still have a couple weeks before my due date—but I’m also feeling a little bit like everyone I know is on baby watch. I’ve never been so critical of every single feeling I have, wondering if it means something more. It’s my first...
Something ridiculous happened to me the other day. In a case that I’m working on, I got an email from opposing counsel. She advised me that my client was “financially irresponsible,” and said that this was the reason why she wouldn’t agree to a number of things that we were requesting in the separation agreement....