Virginia is restrictive when it comes to divorce, just because of the waiting period required before you can even file for a no fault divorce. Here in the Commonwealth, you have to be separated for ONE year before you can finalize a divorce using the fault based grounds of cruelty, apprehension of bodily hurt,...
I’ve been separated for over a year. Can I just file for divorce?
I know, I know. If you’re married to a narcissist – whether diagnosed or undiagnosed – you KNOW how miserable they can make life. And, if left to their own devices, they’d probably love to make divorce difficult, too. After all, if there’s one thing a narcissist (or a high conflict person or an abusive...
Custody cases are some of the most dramatic, contentious, and stressful cases. I’ve written on this before, and I’ll say it again: Virginia is NOT one of the states in this country that mandates 50/50 custody as a starting point. In Virginia, we use the ‘best interests of the child’ factors, established by statute, as...
I had a consult the other day where something happened that had never happened to me before. I spent a very pleasant (for me) hour talking to a prospective client about her upcoming divorce. (I say it was pleasant for me because I liked her; I assume much less pleasant for her, though, because although...
If you don’t want to have a trial in your court case, you have to settle your case first. In a divorce or custody context, settlement is achieved when there is a signed agreement negotiated between the parties. In a divorce case, you would sign and negotiate a separation agreement – a legal contract that...
Childcare is one of the most difficult parts of parenting. It just is. I think that is true across the board, regardless of whether you are married to your child’s father, never married your child’s father, divorced your child’s father, are separated from your child’s father, or your child’s father is totally MIA. It’s really,...
Divorce is hard enough in normal circumstances, but when you don’t know where your soon-to-be ex is living, it’s even harder. You may be surprised, too, to find out how often it happens! The biggest issue associated with not knowing where he is has to do with service of process. Basically, it’s a Constitutional requirement. When...
It’s hard to transition from having custody of your child full time to sharing custody, no matter what specific allocation of time your child’s father gets. Sharing holidays is a challenge, especially when you consider that it means that there will be major holidays that you’ll spend alone. Any deviation from the standard schedule...