The good news is that litigated family law cases constitute the vast minority of cases. No matter what the stakes, most cases ultimately settle for a number of reasons but chief among them are these: (1) no one can afford long-term litigation, (2) litigating doesn’t yield better results, and (3) going to court takes longer....
Is my family law case going to court or will it settle?
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...
One of the most difficult parts of child custody litigation is that it can be virtually never ending. Since custody, visitation, and child support are modifiable based on a material change in circumstances, you can – theoretically, at least – find yourself in court again and again, at least until you children turn 18 and...
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...
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...
Few things in the world are scarier than facing a custody and visitation case. Few things, too, are more difficult to gather up-to-date, state-specific information about – at least, if the information you’re looking for is also credible. There are a lot of non-attorneys out there offering advice and opinions, much of which – though...
In Virginia, there is no requirement that you hire an attorney to represent you in a divorce or custody case, whether at the juvenile or circuit court level (or even beyond, if your case merits an appeal). If you choose not to hire an attorney, you represent yourself. We call people who represent themselves pro...