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...
What should my first steps be pre-divorce?
It’s hard enough to be a parent in modern times; it’s even harder when you add in the difficulty associated with trying to be a collaborative coparent with your ex. Even in otherwise happy marriages, moms and dads disagree about what is best for their kids. In a situation where mom and dad are...
Just because you want a divorce doesn’t necessarily mean that you really know what you are entitled to receive – or, even more than that, what it might look like after the ink is dry on your final divorce decree. Hey, that’s okay! You’ve probably never been in this position before and, heck, even if...
I used to get lots of questions about common law marriage. Lately, well, not so much – until the other day. A woman asked me what, in my opinion, was a very perceptive question about whether marriage is designed to be a safeguard to protect spouses (and, in particular, lesser earning spouses). Most of the...
Whether your divorce and custody case is already on track or you’re waiting until the end of the holiday season to begin to move things forward, it’s no easy feat to keep on keeping on in the meantime. As a mom, you still want to make sure that the holidays are as magical for the...
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...
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...