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Does it matter who files first in Virginia divorce and custody?

Does it matter who files first in Virginia divorce or custody? I was recently reading a book, “The Respondent”, about a dad who faced a divorce and ongoing custody battle in California, allegedly as a result of the lies his wife told about his relationship with his two young boys. I have a lot of…

If I fear for my safety, can I take my child and go?

  Domestic violence is a very real issue in family law cases; it’s one we brush up against all the time. It was something that surprised me when I first started, because even in the most otherwise normal cases, there were undercurrents of domestic violence. A friend of mine from law school is a prosecutor,…

Uncontested Virginia Divorce by Affidavit

I’ve been practicing family law for close to a decade now, and, even in that time, I’ve seen a lot of major changes to how we do things that (I think, anyway!) are really interesting. One of the biggest changes I’ve seen is that, instead of doing uncontested divorce hearings regularly, almost all of our…

Help! I was served with a divorce complaint and a notice of hearing!

I talk a lot about separation agreements – those legal contracts negotiated between husbands and wives that divide up the marital assets and liabilities between the parties so that they can get an uncontested divorce without even going to court. But not every divorce follows this familiar path. Sometimes, for one reason or another, one…

Changing your name after Virginia divorce

If carrying his name after divorce really gets under your skin, I have good news for you. It’s super easy to petition the court for a name change to resume a former or maiden name during the divorce process. Of course, for many people, keeping the same name as the kids is important, even if…

Virginia Custody Issues: He won’t let me see the kids

To cut to the chase and state the obvious as simply as possible: if there’s no custody order in place (as in, you and your child’s father have never (1) been to court to let a judge determine custody, and (2) you’ve never signed an agreement related to custody and visitation), both you and your…

When do I serve my husband with divorce papers?

I find there’s often a lot of confusion about what it means to serve someone and at what point you have someone served in a divorce case. There’s so much confusion, and it’s really almost nearly universal, that I feel like service of process is something worthy of the devotion of an entire article. What…

Divorce Paperwork

You’ve Googled, and still you’ve found nowhere reputable that offers anything even close to approximating the kind of divorce paperwork you’d need to file for divorce on your own – without the help of a divorce and family law attorney – in Virginia. There’s Legal Aid, but, of course, they won’t help unless you’re really…

Virginia divorce complaint

If you have already gotten a copy of our free Virginia divorce book, “What Every Virginia Woman Needs to Know About Divorce,” you’ve seen the Virginia divorce complaint I’ve copied here below. If you HAVEN’T gotten a copy of our free Virginia divorce book yet, you should go ahead and request one now (you can…