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...
Does no fault divorce mean it’s no one’s fault that we’re divorcing?
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...
Things can be especially tricky in that gray area between separation and the time that you and your soon-to-be ex are able to get a signed agreement or court order in place. Until that time – when you either negotiate and sign an agreement or go to court and the judge puts an order in...
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...
It’s scary how common post-separation abuse is – but it’s something that we see over and over, even in cases where before separation there had never been any overt domestic violence. I don’t want to be a fearmonger – gosh, nothing of the sort! – but I do want to encourage you to stay...
It can be confusing understanding how property is divided in Virginia divorce – or even what, exactly, is divided. In Virginia, there are three classifications for property – hybrid, marital, and separate – and only the marital portions are subject to division. Hybrid is, as its name suggests, part marital and part separate property. ...
Most of the time, even when their parents are going through a divorce, kids are wonderfully resilient. Sometimes, though, the issues exacerbated by the divorce – especially if their dad is a high conflict, mentally ill, abusive, obnoxious, or otherwise unstable – can create a perfect storm for a child. In some cases, kids...