From the beginning, let me be clear: in Virginia, there is no law requiring that custody start out at 50/50. Though that is the law in some states, that is not the law here. Here, the law is that the judge has to consider all forms of custody – primary, shared, and split physical custody...
Is 50/50 child custody best for children?
If there is a phrase I HATE in family law – along with calling a woman a golddigger – it’s a man referencing being taken to the cleaners. It’s rooted in such, deep, toxic internalized misogyny that it’s hard for me to believe anyone really believes it, but – then again – the world has...
Things can be especially tricky in that gray area between separation and the time that you and your soon-to-be ex are able to get a signed agreement or court order in place. Until that time – when you either negotiate and sign an agreement or go to court and the judge puts an order in...
Question: My child’s father and I had a baby 18 months ago. We still live together, but we’re not romantically involved. We will never get back together. (Like, ever.) I’d like to move out, so I’m considering consulting an attorney about custody and visitation. I’m worried I’m gearing up for a huge custody battle....
Custody cases are some of the most dramatic, contentious, and stressful cases. I’ve written on this before, and I’ll say it again: Virginia is NOT one of the states in this country that mandates 50/50 custody as a starting point. In Virginia, we use the ‘best interests of the child’ factors, established by statute, as...
If you don’t want to have a trial in your court case, you have to settle your case first. In a divorce or custody context, settlement is achieved when there is a signed agreement negotiated between the parties. In a divorce case, you would sign and negotiate a separation agreement – a legal contract that...
Family law – which includes divorce, child custody, visitation, child support, and spousal support – is a particular area of law that is incredibly state-specific. What you find to be true in one state is not necessarily true in another. Even states that are nearby – like, for example, North Carolina and Virginia – are...
We talked the other day about debt when it is marital and how it is often divided in a divorce. But marital ASSETS are categorized as either separate or marital before they are divided – so what happens in the event that debt is separate? It’s a good question. Typically, separate property is anything that...
