Going to court is – by almost any metric – the nuclear option in a family law case. Literally everyone is scared of it and almost anyone would try to avoid it if there was any way at all. Usually, though not always, it’s possible to negotiate outside of court. In fact, most family law...
Court Order v. Negotiated Agreement – What’s Best?
There are only two ways to resolve a divorce or custody case: either the parties negotiate an agreement, or they go to court and litigate. This is true no matter what the issues are, but there is a sort of third, hybrid option, which includes the possibility of a “reservation” with respect to a certain...
Divorce is a challenge, no matter what. There are, though, some cases that are even more difficult than normal. It can be hard, in the very early days, to accurately judge a case and determine whether *this* case will be one of the more difficult ones. One of the hardest things to navigate – in...
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,...
The whole point of a legal contract – any contract – is to establish specific terms governing a certain situation. When we’re talking about divorce, we use a separation agreement. When it comes to custody and visitation, we’re either talking about an initial determination or a modification, but the same goal exists: to agree, rather...
Discovery – whether as part of a divorce or a child custody case – is essentially the same. It’s the legal process we use to determine and gain access to the information that we don’t have. In a divorce case, much of the information we’re looking for is financial, especially if our client has stayed...
If you don’t want to have a trial in your court case, you have to settle your case first. In a divorce or custody context, settlement is achieved when there is a signed agreement negotiated between the parties. In a divorce case, you would sign and negotiate a separation agreement – a legal contract that...
I’m biased. I’m a lawyer. I earn my living handling family law cases on behalf of the women who become my clients. Also, because I am a lawyer I also (1) see the people who can’t resolve things on their own (and very few of the people who can), and (2) deal, essentially, in worst-case...