You probably are familiar with the burden of proof required in criminal cases – beyond a reasonable doubt. It is the highest burden of proof possible under the law, and it’s a fundamental component of American justice. You are innocent until you are proven guilty, and you must be so guilty that there is not...
Evidence Required to Get a Fault Based Virginia Divorce
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...
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,...
Divorce is hard enough in normal circumstances, but when you don’t know where your soon-to-be ex is living, it’s even harder. You may be surprised, too, to find out how often it happens! The biggest issue associated with not knowing where he is has to do with service of process. Basically, it’s a Constitutional requirement. When...
On Monday, we talked about military divorce cases where the military service member spouse has committed adultery. We’ve actually talked kind of a lot about military cases lately. It can be pretty confusing because the military has all sorts of policies – some of which are binding in the event of a divorce or custody...
The military has all sorts of policies which can make separation, divorce, and child custody especially confusing as a military spouse. On top of the military policies, too, there are many laws at the state level that will impact how your separation, divorce, and/or custody case will proceed, some of which supersede the military policies. ...
Though the laws vary (sometimes dramatically!) from state-to-state, the law in Virginia is that spousal support terminates in three specific circumstances: (1) the death of either party, (2) the remarriage of the recipient party, and (3) the continued cohabitation of the recipient party in a relationship analogous to marriage for a period of one year...
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...