There is one part of the divorce process that is really, really ridiculously easy. It doesn’t require you to spend a lot of money, or file official-looking paperwork in your local circuit court, and it doesn’t even require any additional worrying. What is this mysterious and wonderful piece of the puzzle, you ask? It’s separation....
Articles
A common provision in many separation agreements is one that allows the parties, after the agreement is signed, to live as though they were "single and unmarried." These provisions are always a little confusing because, after all, the parties are NOT single and unmarried–at least, not yet. So, what do these provisions mean? These provisions...
In Virginia, you're married until you're divorced. If you're separated, you're not divorced. If you're married and you have sex with someone who is not your spouse, you have committed adultery. In Virginia, adultery is a Class 4 misdemeanor. Even if you and your husband are separated and you (or he) has sex with someone...
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...
Before you even schedule an appointment for a consultation, it is important to research the attorney and law firm as best you can – particularly before you have to pay the initial consultation fee. You want to make sure that you are going to a firm that predominantly handles divorce and child custody cases. This...
In most divorces, there is a period after the marriage is over in the minds of the parties, but before the marriage is over in the eyes of the law. This is a difficult period for both parties, because they're torn between two competing ideas: fidelity to the now-ended but not legally finished marriage, and...
Many judges today recognize the necessity for some couples to live separately in the same home. The statute only provides that the parties have to live "separate and apart without interruption and without cohabitation" for a period of one year (or six months if there are no minor children)–there's no requirement that the separation must...
Most elements of a divorce are handled by agreement of the parties. Settlement has taken on a negative connotation because people think that in order to reach a settlement you must "settle." It's probably true that, in order to reach a settlement, there has to be a certain degree of give and take on both...