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...
Does Virginia recognize common law marriage?
If there is a phrase I HATE in family law – along with calling a woman a golddigger – it’s a man referencing being taken to the cleaners. It’s rooted in such, deep, toxic internalized misogyny that it’s hard for me to believe anyone really believes it, but – then again – the world has...
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...
One of the biggest risk factors for women in divorce is the fact that, statistically speaking, they are the lesser wage earners. This means that, in many cases, many of the most valuable assets are largely controlled by the husband – including, but not limited to, any real estate, retirement accounts, bank accounts, and...
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...
Spousal support is one of the more contentious topics in family law, as I’m sure you’re already aware. In Virginia, the law on spousal support is not at all like child support, which is established by a formula and applied across the board. No, spousal support is a lot more flexible on three points –...
Some things are easier to determine than others when it comes to resolving your divorce case and, unfortunately, spousal support is one of the trickier areas. Not only has the landscape changed dramatically in recent years – even in just the thirteen years I’ve been practicing, as of the date of this writing –...
I’ll be the first to admit: I have a bit of an unfair sampling. As a family law attorney, the cases with which I am familiar are the ones where the individuals involved – or at least one of them – sought the advice of an attorney. I know that not everyone does. I’m...