You probably are familiar with the burden of proof required in criminal cases – beyond a reasonable doubt. It is the highest burden of proof possible under the law, and it’s a fundamental component of American justice. You are innocent until you are proven guilty, and you must be so guilty that there is not...
Evidence Required to Get a Fault Based Virginia Divorce
It’s scary how common post-separation abuse is – but it’s something that we see over and over, even in cases where before separation there had never been any overt domestic violence. I don’t want to be a fearmonger – gosh, nothing of the sort! – but I do want to encourage you to stay...
We’re all used to the idea that, by virtue of the Constitution, we have these certain, unalienable rights. And it’s true – we do. But the reality of what those rights are, and what they mean, and how and when they apply is a little bit more complicated. In a lot of ways, family court...
My sister in law asked me a question the other day – for a friend of a friend – and it really irritated me. Not that she would ask me a question; that’s fine, we’re really pretty close. But the question itself irked me. Her friend had a friend, from a really long time ago,...
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...
So, as you probably already know (or you wouldn’t be reading this article), adultery is a crime in Virginia. It’s also grounds for divorce. But what happens if you file for divorce (or your husband files for divorce) and alleges adultery as the grounds? This is especially a concern for active duty military servicemembers, where...