In Virginia, joint legal custody means that coparents have to work together to reach decisions on three main issues: non emergency medical care, education, and religious upbringing. In many cases, we don’t have any issues in any of these three areas though there are some notable exceptions. Sometimes, the issue of vaccinations comes up; in...
Coparenting and Religion
For many people who are in the beginning stages of contemplating a divorce, one of the first steps is a so-called trial separation. During this time, many things can happen but some of the most common are attending marriage counseling, meeting with pastors and other counselors belonging to the couples’ religious faith, meeting with attorneys,...
Going through a custody case is harrowing in the best circumstances (is that an oxymoron?) but it’s even worse when your soon-to-be ex is an alcoholic or struggles with substance abuse issues. And you know what’s worse than that? Knowing he’s an alcoholic but without having information or evidence to back it up. You’ve seen...
In Virginia, before we divide property in divorce, we classify it as either separate, marital, or hybrid. Separate property is just that – separate – so it is owned by only one party and it is not divided in divorce. Marital property, on the other hand, was either earned, purchased, or acquired during the marriage. ...
I’m married – and I’m a divorce attorney. It’s a bit of an oxymoron, isn’t it? Or is it? I don’t even know anymore. I’m also a pretty connected, online person, so I hear all the chatter (I try to make sure I hear all the chatter) about staying single, getting or staying married, and...
If you, like everyone else, are reading Belle Burden’s memoir on marriage, Strangers, you probably noticed that prenups feature dramatically in the storyline. I have made no secret of the fact that, over the years, I do not have a strong positive opinion of prenups. In fact, my experience with prenuptial agreements throughout the years...
There are questions that no one else can answer for you – and this is definitely one of them. Though, over the course of our careers, each of us have counseled hundreds (thousands?) of women, telling a woman that she should absolutely leave her husband is … not something that we do. In most cases,...
In general, custody and visitation for grandparents and other non-parent third parties (aunts, uncles, family friends, stepparents, etc.) is pretty well established. Though they can petition the court for custody and visitation, they have to meet a different standard than parents. Between two biological or adoptive parents, the standard is the best interests of the...