Not every case can be negotiated – this we all know. But, in an ideal world, you and your soon-to-be ex would negotiate, because this is going to give you the most control over how your case will be resolved. No matter what issues are involved, you have essentially two options: agree, or go to...
Negotiating an Agreement v. Litigation
Custody cases are some of the most dramatic, contentious, and stressful cases. I’ve written on this before, and I’ll say it again: Virginia is NOT one of the states in this country that mandates 50/50 custody as a starting point. In Virginia, we use the ‘best interests of the child’ factors, established by statute, as...
Custody cases can be complicated, in some ways, because they can take different shapes depending on the issues involved – and because different types of rules apply to different types of cases. What can a Virginia custody case look like? Custody Case as Part of a Divorce Action Custody and visitation cases often come up...
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...
No sooner than you and your child’s father separate than you suddenly start dealing with all sorts of issues that would never have been issues before – one of them, or at least one of the ones that I often come across, is related to medical testing and diagnoses. Maybe you’ve suspected for years that...
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’ve said it before; I really like a right of first refusal. But that doesn’t mean that issues can’t arise when you implement a right of first refusal provision in your separation agreement or court order! All KINDS of issues can come up in family law cases and, I am sorry to say, to the...