There are only two ways to resolve a divorce or custody case: either the parties negotiate an agreement, or they go to court and litigate. This is true no matter what the issues are, but there is a sort of third, hybrid option, which includes the possibility of a “reservation” with respect to a certain...
What does it mean when an issue is “reserved” in divorce or child custody?
Mediation can be a cost effective way to resolve issues without having to go to court, but it’s still nice to be able to choose whether (or not) to participate in any mediated processes. For one thing, mediators vary wildly – some are attorneys though most are not; some have familiarity with difficult personalities and...
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...
If you’re military, you’re probably used to availing yourself of all the amenities military life offers. If you had a landlord/tenant issue, for example, you’d probably go to base legal, or speak to a JAG attorney – and, in many ways, a divorce feels no different. Right? You need legal advice, you go to the...
In some ways, a divorce is a divorce. Certainly, if we’re looking at things procedurally, one divorce doesn’t differ all that much from another, though there’s also no question that a military divorce involves considerations that civilian divorces don’t. Mostly, military divorces mean that there are categories of assets – BAH, SBP, TSP, the...
Most of the questions that we get – at least in the early stages of a separation or divorce – is a basic one. “What should I do first?” It’s a good question, too, because I think it’s always smart to go into something knowing what to expect and having at least the outlines of...
Just because you want a divorce doesn’t necessarily mean that you really know what you are entitled to receive – or, even more than that, what it might look like after the ink is dry on your final divorce decree. Hey, that’s okay! You’ve probably never been in this position before and, heck, even if...
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...