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?
One disservice that I think fault-based divorce does for people who live in states – like Virginia – that allow for fault-based divorce is that it puts them in a frame of mind where proving that someone is to blame for the marriage ending is somehow important. I’ll be clear, right up front: divorce is...
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...
Not everyone has parents to go home to, but for the lucky few the siren call can be strong. When things start to go badly in your marriage, it’s tempting to want to go back to a place of safety and security. But can you just … leave? Is it that simple? Well, hold...
A woman asked me this question the other day – am I likely to get a divorce on fault, or should I just negotiate an agreement – and I thought it was a good one. It’s one I’ve answered before, but never in those exact words, and I do think that its worth looking...
I follow up with women who’ve had consults with us – with any of our attorneys, not just the ones who meet with me – after their appointments, just to make sure that they got their questions answered in the appointment. I find that, in a lot of cases, they either forgot to ask something,...
Though I’ve only ever practiced family law in Virginia, I’m pretty sure that everywhere – Virginia included – requires grounds in order to finalize a divorce. In Virginia, those grounds can be either fault based or no fault based. Whether you choose to file on fault or no fault depends, of course, on the facts;...