One of the unique things about Virginia when it comes to divorce is that we still allow fault based grounds for divorce! Over the years, many states have modernized to the point that they only allow no fault grounds, but we’re one of the few holdouts. We still allow adultery (as well as sodomy...
Is it better for me to file using fault or no fault grounds for divorce?
Not everyone has parents to go home to, but for the lucky few the siren call can be strong. When things start to go badly in your marriage, it’s tempting to want to go back to a place of safety and security. But can you just … leave? Is it that simple? Well, hold...
Virginia is restrictive when it comes to divorce, just because of the waiting period required before you can even file for a no fault divorce. Here in the Commonwealth, you have to be separated for ONE year before you can finalize a divorce using the fault based grounds of cruelty, apprehension of bodily hurt,...
Emotionally, going through a divorce or custody case (or, worse, a divorce AND custody case) is easily one of the most difficult things that you will face in your adult life. Many therapists even liken the experience of going through divorce to a death – it’s just that traumatic. Even a good divorce –...
If you’re still hoping to save your marriage, you’re not alone. In fact, that’s something I hear all the time. One thing that I think is universally true is that every single woman who decides to get a divorce has to do everything she feels she has to do in order to try to save...
Remember the ending scene in When Harry Met Sally? Harry realizes he loves Sally and wants to be with her, and he says, “When you realize you want to spend the rest of your life with someone, you want the rest of your life to start as soon as possible.” It’s kind of like that...
A lot of people have questions about legal separation, what it means, and when it actually begins. Oh, and also – why does it even matter? Being separated is important, because for most grounds for divorce (except for adultery, which technically qualifies you for an ‘immediate divorce’ – but don’t get excited, it won’t...
Though I’ve only ever practiced family law in Virginia, I’m pretty sure that everywhere – Virginia included – requires grounds in order to finalize a divorce. In Virginia, those grounds can be either fault based or no fault based. Whether you choose to file on fault or no fault depends, of course, on the facts;...