Things can be especially tricky in that gray area between separation and the time that you and your soon-to-be ex are able to get a signed agreement or court order in place. Until that time – when you either negotiate and sign an agreement or go to court and the judge puts an order in...
I moved out and took the kids. Do I have to give him visitation?
There are very few things as anxiety-inducing as having to go to court, but this is especially true in the case of an emergency motion. In Virginia, one party can file and ask for a hearing to be held on an emergency basis; it is up to the court to either grant or dismiss that...
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,...
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...
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...
Custody cases are interesting because they can come up in a number of ways, unlike divorce. In a divorce, you have essentially two options: (1) negotiate a signed separation agreement, or (2) litigate in court. Divorce Cases Where Custody is an Issue Divorce is filed in the circuit court. Custody, though, can present differently. Custody...
Divorce is a scary – and potentially expensive – process, so it’s no wonder that you want to explore all of your alternatives before you commit to a specific course of action. Is there any way at all that you can avoid hiring an attorney? Can you use one of the online do it yourself...