Articles

Are we separated already?

There’s a lot of confusing surrounding separation in Virginia, and, honestly, it’s really no wonder. In Virginia, there’s no such thing as going down to the courthouse and formally filing some document that indicates officially, once and for all, that you and your soon to be ex husband are legally separated. That would be nice,...

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Do I have to let my former in laws see the kids?

Ugh, in laws! I totally get it, especially where custody and visitation is concerned. I’m a mom, too, and I used to feel like before I had kids, it was really not such a big deal. You’d see each other at holidays and keep in touch, but it wasn’t an overwhelming interference in your day...

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We talked Monday about a question we get fairly frequently: Should I report my husband’s adultery to his military command? The answer to Monday’s question is fairly straightforward. In almost every single case, I’d say absolutely not. There’s too much risk to you (from loss of potential child and spousal support to military health insurance,...

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All too often, the answers that I give to the questions that I’m asked are complicated and multifaceted. A question that a woman describes to me as “simple” ends up being anything but simple, after I’ve covered all the bases and explained all the possible advantages, disadvantages, things to be aware of, and vagaries of...

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What’s an appeal de novo?

  Considering it’s a dead language, there’s an awful lot of Latin in the law. Since so many of us are not Latin speaking, it can make reading the law, cases, and even general information about the law difficult – or, worse, nearly completely incomprehensible. Understanding the direct translation of a phrase doesn’t necessarily enhance...

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In Your Virginia Child Custody Case, Forget Fair

It’s a tough pill to swallow, but it’s a truth that you should accept, and the earlier the better. Custody cases are not about fairness. There are lots of things about custody cases that are “unfair”. It’s not fair that he can petition, over and over again, for a modification based on a material change...

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On Monday, we talked about issues that gay parents face in custody and visitation cases, with specific emphasis on couples who have always been gay. I don’t say “always” to ignite any kind of nature or nurture debate, but merely to illustrate that there are some differences between gay partners who had children together and...

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Virginia Same Sex Custody and Visitation Cases

When it comes to custody cases where same sex relationships are an issue, things get complicated really, really quickly, mostly because there are all sorts of different types and categories of relationships that fall under this heading. Not only that, but same sex relationships and how they’re treated, especially as it relates to custody and...

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