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...
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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...
In most cases, no fault divorces are much easier than fault-based divorces because you don’t have to spend the time in court proving that your fault grounds exist. There are two different kinds of no-fault divorces: contested, and uncontested. Either a fault-based or a no-fault based divorce can be contested. By “contested,” I mean that...
I always try to urge my clients to think carefully about whether they want to pursue a fault-based divorce rather than a no-fault one. Normally, we take a look at the situation together, and try to come up with a plan that best addresses her unique concerns. In most cases, it’s really not worth it...