From the beginning, let me be clear: in Virginia, there is no law requiring that custody start out at 50/50. Though that is the law in some states, that is not the law here. Here, the law is that the judge has to consider all forms of custody – primary, shared, and split physical custody...
Is 50/50 child custody best for children?
There are very few things as difficult to overcome as adultery, especially as you then have to turn around and navigate your divorce. Though not every marriage ends after a partner commits adultery, I’m assuming yours is – or else you wouldn’t be here. I saw a question on social media about adultery the other...
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...
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 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...
