If you’re here, you probably already know that you have to be separated for one year to get a divorce in Virginia. The only two exceptions are if (1) you have a signed separation agreement, and (2) you have no minor children born or adopted by the parties of the marriage, and if (and this...
What happens before you’ve been separated a year in Virginia?
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...
One of the unique things about Virginia when it comes to divorce is that we still allow fault based grounds for divorce! Over the years, many states have modernized to the point that they only allow no fault grounds, but we’re one of the few holdouts. We still allow adultery (as well as sodomy...
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...
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,...
Even if you’ve been unhappy for a really long time, it’s sometimes hard to put a label on your relationship, especially if that label is “abusive.” Its kind of like rape. We all understand what it is, but, at the end of the day, often have a hard time describing our own experiences in these...
Domestic violence is everywhere. It’s a lot more prevalent than most people think, which is pretty alarming. When I started here, over a decade ago now, as a brand new baby lawyer, I was definitely surprised at how often it really happens. When I speak to women who have suffered from domestic abuse, they often...
A lot of people have questions about legal separation, what it means, and when it actually begins. Oh, and also – why does it even matter? Being separated is important, because for most grounds for divorce (except for adultery, which technically qualifies you for an ‘immediate divorce’ – but don’t get excited, it won’t...