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?
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...
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...
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...
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,...
There are very few things as alarming as being served with legal-looking paperwork and not being sure what that means for you or how to respond. In general, though, you’re right to be concerned – not that this is the end of the world, but legal paperwork usually means that you’re going to need to...
I’ll be the first to admit: I have a bit of an unfair sampling. As a family law attorney, the cases with which I am familiar are the ones where the individuals involved – or at least one of them – sought the advice of an attorney. I know that not everyone does. I’m...