Same Home Separation

Same Home Separation

The questions whether and how long you’ll need to be separated to get a divorce in Virginia are well settled, easy, and very, very clear. In case you’re new to the game, in Virginia you have to be separated for a full year whether you’re using fault or no fault grounds (with the exception of...

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How quickly can I get divorced?

You might be surprised to hear that I have scads of clients who, when I email, don’t respond for a week or more. I have clients who retain and, in a flurry of activity, work with me to prepare a first draft of a separation agreement, which goes untouched (on their part, mind you) for...

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What is adultery? (And sodomy and buggery?)

Sometimes, I feel really technical when I talk about adultery. I say when someone “commits” adultery, and I always feel weird about it, because that’s not how people talk. And I often get questions about exactly what it means, which is understandable – it’s a technical term, like cohabitation and equitable distribution. Lawyers use it...

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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;...

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What is cohabitation? Am I cohabiting?

Cohabitation is a key component of legal separation in Virginia. For a lot of reasons – chief among them being the fact that separation is a sort of loosey goosey concept here in Virginia – we get lots of questions about separation. When are you separated? Am I separated? Do we have to sign something to...

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Though divorce attorneys are no strangers to pretty salacious details coming out in lots of our cases (sorry, though, it’s all confidential!), every so often there’s a detail or a case that surprises even us. There’s a pretty shocking case pending before the Supreme Court right now that originated out of the Virginia Beach Circuit...

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As far as procedure is concerned, adultery cases are some of the most difficult fault based divorce cases you can come across in Virginia. You have to meet a pretty strict standard of proof to satisfy the judge, you have to have a corroborating witness, and, of course, you have to follow all the local...

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The Fifth Amendment and Adultery

Like everyone else, I’m a little obsessed with Hamilton right now; I saw it at Chrysler Hall this past winter, and watched it on July 3rd as soon as it came on Disney+. I’m also (no secret here) a Virginia attorney, and I’ve been reading up, since July 1st, on the new law changes that...

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