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
Is it time to separate? That may be a strategic question and not just an emotional one. In Virginia, we classify separate property as anything that was earned, purchased, or acquired before the marriage or after the date of separation. (We also include anything you inherited in your sole name, anything that was a gift...
There are not many things scarier than finding yourself in an abusive situation – except, of course, if you have minor children who are surrounded by it, too. Once you decide that it’s not getting better and it’s time to do something about it, you probably started researching protective orders. In Virginia, there are...
Up until the court formally decides custody and visitation – or, alternatively, the parties enter into a signed custody agreement – there’s no formal child custody, visitation, or child support. For many couples, especially the ones that stay together (regardless of whether they’re married), that’s enough and it doesn’t go further than that. Even for...
When tensions start to escalate, and it looks like you might be headed towards a divorce or custody case, it’s tempting to want to use whatever methods are available to you to gather the evidence you might need – up to and including recording conversations. But what’s legal varies pretty dramatically from state to state,...
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,...
Text messages are valuable evidence in a lot of cases. We need access to this information all the time, and we often request that our clients provide us with their text message history. Our client’s husbands also often provide text messages or emails as proof of some contention or another. When that happens, almost without...
Having everything available digitally makes some parts of the divorce process more difficult and makes other parts easier. Most of the time, it just makes things more time consuming, as more and more clients bring in pages upon pages of text messages and pictures that they’ve saved in the hopes that they will prove “important”...