Saving Money in Your Virginia Custody Case

  Divorce and custody cases can be expensive. In fact, they usually are. Though we have cases every so often where we propose and sign an agreement within a couple of weeks, with minimal expense to the client, there are also cases where we negotiate and litigate for months – and sometimes longer – on…

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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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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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Do I need grounds for divorce? What if I don’t have any?

Though I’ve only ever practiced family law in Virginia, I’m pretty sure that everywhere – Virginia included – requires grounds in order to finalize a divorce. In Virginia, those grounds can be either fault based or no fault based. Whether you choose to file on fault or no fault depends, of course, on the facts;…

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What is cohabitation? Am I cohabiting?

OCTOBER 28, 2020 BY KATIE CARTER Cohabitation is a key component of legal separation in Virginia. For a lot of reasons – chief among them being the fact that separation is a sort of loosey goosey concept here in Virginia – we get lots of questions about separation. When are you separated? Am I separated? Do we have to…

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Revenge Porn, Nest Security Cameras, Adultery, and Divorce

Though divorce attorneys are no strangers to pretty salacious details coming out in lots of our cases (sorry, though, it’s all confidential!), every so often there’s a detail or a case that surprises even us. There’s a pretty shocking case pending before the Supreme Court right now that originated out of the Virginia Beach Circuit…

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Divorce and Adultery in Virginia: I want to depose his girlfriend!

As far as procedure is concerned, adultery cases are some of the most difficult fault based divorce cases you can come across in Virginia. You have to meet a pretty strict standard of proof to satisfy the judge, you have to have a corroborating witness, and, of course, you have to follow all the local…

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The Fifth Amendment and Adultery

Like everyone else, I’m a little obsessed with Hamilton right now; I saw it at Chrysler Hall this past winter, and watched it on July 3rd as soon as it came on Disney+. I’m also (no secret here) a Virginia attorney, and I’ve been reading up, since July 1st, on the new law changes that…

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I’m pregnant — and it’s not my husband’s baby

It happens, probably more frequently than you’d realize. And, though it sounds a little scandalous on its face, in my experience, that’s almost never the case. In most of the cases that I’ve seen where a wife gets pregnant with a baby that is not her husband’s, it’s after a period of long estrangement where…

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