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,...
I’ve been separated for over a year. Can I just file for divorce?
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...
Though we talk a lot about division of the assets, we often spend a lot less time talking about division of debt. Even though dividing debt is always an important part of a divorce, it tends to take a backseat – not because it’s not important, but probably more because it’s a whole lot less...
We talked the other day about how dating might impact an award of spousal support. I had originally intended to write about both child and spousal support in the same article, but it just ended up being too complicated, so I split into the two articles. You can check out the spousal support article here....