Same Home Separation

Same Home Separation

The questions whether and how long you’ll need to be separated to get a divorce in Virginia are well settled, easy, and very, very clear. In case you’re new to the game, in Virginia you have to be separated for a full year whether you’re using fault or no fault grounds (with the exception of...

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How quickly can I get divorced?

You might be surprised to hear that I have scads of clients who, when I email, don’t respond for a week or more. I have clients who retain and, in a flurry of activity, work with me to prepare a first draft of a separation agreement, which goes untouched (on their part, mind you) for...

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Advantages of a Separation Agreement

Divorce can take several different shapes, although the end result is fairly simple: either you get divorced with a separation agreement, or you litigate your divorce in court and the judge decides. A separation agreement is a legal contract that divides all the assets and responsibilities from the marriage between the parties. Most people ultimately...

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What is adultery? (And sodomy and buggery?)

Sometimes, I feel really technical when I talk about adultery. I say when someone “commits” adultery, and I always feel weird about it, because that’s not how people talk. And I often get questions about exactly what it means, which is understandable – it’s a technical term, like cohabitation and equitable distribution. Lawyers use it...

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Custody, the holidays, and good mental health

There’s never a good time to go through a divorce or custody case, but probably one of the most difficult times to do so is during the holiday season. Though I think it’s true that most families fall into a rhythm over time with their parenting plans, there’s also a season of life where it’s...

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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...

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Virginia Divorce by Affidavit

I found out, 9 years ago today, that I passed the bar. I’ll never forget the day. In that time, I’ve handled a LOT of divorces. A lot of uncontested divorces (LI), in particular. Contested divorces, too, but, in so many cases, even if we start out in court, eventually the parties end up able...

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Uncontested Virginia Divorce by Affidavit

I’ve been practicing family law for close to a decade now, and, even in that time, I’ve seen a lot of major changes to how we do things that (I think, anyway!) are really interesting. One of the biggest changes I’ve seen is that, instead of doing uncontested divorce hearings regularly, almost all of our...

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