For most people, there is a period of time between separation and divorce where the soon-to-be divorcing parties live together under the same roof, often with their children. This is not so much a desirable situation – in fact, I think you could easily argue that it is anything BUT desirable – but it is...
The dangers of separation under the same roof
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...
When I was a brand new baby lawyer, fresh out of law school, it was a few years after the 2008 real estate crash. At that time, I remember seeing a lot of people – yes, even several years later – who came in with tons of debt and houses that were underwater. At the...
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...
There’s are very few things quite as disquieting as realizing – or being told – that your marriage is over. Contemplating a divorce is no easy feat; it never is, not for anyone. There’s a period in time, before anything is anywhere near finalized, where everyone feels on edge. If you’re living separate under...
There are a lot of divorce-related things that are difficult to discuss, but it’s important to hire an attorney with whom you can be honest. There are not a whole lot of things that feel worse than finding out – at trial or some other inopportune moment – that you don’t really know what’s going on...
Cohabitation is a key component of legal separation in Virginia. For a lot of reasons – chief among them being the fact that separation is a sort of loosey goosey concept here in Virginia – we get lots of questions about separation. When are you separated? Am I separated? Do we have to sign something to...
After you’ve decided to separate, but before you reach an agreement about how all the assets and liabilities should be divided (or, alternatively, before a judge has a chance to hear the case and render a verdict), there’s a fair bit of gray. What happens with everything – but, probably, most specifically, what happens with...