In Virginia, custody cases are based on the “best interests of the child” standard, which means that’s what you and your child’s father (and your attorneys, if you have one) should be discussing when you’re in court. The judge is listening for these details, including specific references to the ten factors, which provide the foundation...
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There are a number of pretty significant downsides to shared physical custody, which most of my clients are very quick to point out. It’s hard to stomach a custodial arrangement that doesn’t allow you to have primary physical custody. After all, a child needs an involved mother, right? Of course! Normally in a shared custody...
There’s no question that having shared physical custody of your minor children can create some difficulties. The reality, though, is that we’re seeing shared physical custody far more often than we used to. It seems like many dads are, for better or for worse, much more interested in actively being involved in the parenting of...
I’ve said it before, and I’ll probably have to say it again: you should always be extremely careful about what you post on social media sites. It’s true all the time, but it’s especially true if you’re going through a divorce or custody case. Remember that some of what you do, say, and photograph should...
Sometimes I wonder whether anyone even cares about adultery anymore. Sure, it matters to the spouse who has been cheated on, but, at least in the court system, adultery seems to be losing serious ground. In the olden days, adultery was the only grounds for divorce. If there wasn’t adultery, you were stuck. These days,...
It’s unrealistic to expect that your husband will be able to support you in “the manner to which you have grown accustomed” after your divorce. In fact, it’s probably impossible, because divorce cases are not like personal injury cases, and no one person can really expect to receive a windfall. In a divorce, you have...
Marital debts, just like marital assets, are divided through equitable distribution. This means that property is divided between the parties based on what the court thinks is fair. Equitable distribution means that property can be divided 50/50, but that is not necessarily required. These days, we see a lot of divorces that are more about...
Separate property is not divided equally in divorce. In fact, it’s not divided at all. Marital property is defined as anything you earned or purchased during the marriage. Separate property, on the other hand, is property that either of you owned prior to your marriage, or anything that was given to you by gift or...