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...
Are we legally separated?
Divorce and custody cases can be expensive. In fact, they usually are. Though we have cases every so often where we propose and sign an agreement within a couple of weeks, with minimal expense to the client, there are also cases where we negotiate and litigate for months – and sometimes longer – on...
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...
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...
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...
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;...
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...
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...