immediate divorce

How do I file for legal separation in Virginia?

How do I file for legal separation in Virginia? In Virginia, you have to be separated to get a divorce. In fact, you have to be separated for a year for most types of divorce. (The notable exception to this rule is divorce when you’re using adultery as your grounds, but you should read up…


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Adultery, Spousal Support, and Custody

Adultery, Spousal Support, and Custody We talked Monday about adultery, and the difference between filing a divorce (which is a civil case) using adultery as your grounds and an actual criminal prosecution on adultery (which is a level IV misdemeanor in Virginia). The purpose of that article was to alleviate concerns I see around adultery…


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What to do about adultery in Virginia

The most common questions I get in initial consultations (and at cocktail parties when people find out what I do for a living – don’t you just love that?) are about adultery. What does it mean? What does it affect? Can’t I just get a boyfriend already? The questions are varied, and usually full of…


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Separation Before Divorce in Virginia

Separation before divorce in Virginia You’re probably familiar with the idea that you have to separate from your husband before divorce – not just in Virginia, but in most places. Every state (and indeed every country!) handles this a little bit differently, and the required period of separation differs from one to the next. Sometimes,…


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Does adultery matter?

For most women, finding out that their husbands have committed adultery is devastating. For him to throw away your life together, after however many years, is a terrible and overwhelming feeling. I get it, and yet, at the same time, my goal is always to make sure that my clients have up to date, reliable,…


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File a Divorce

In Virginia (and, I’m pretty sure, just about everywhere else) the divorce process formally begins with the court when a complaint is filed. That doesn’t mean, though, that the first thing you need to do is march down to the courthouse and file a divorce. In fact, in many cases, you don’t file anything until…


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Is a legal separation just a pit stop on the way to divorce?

For a lot of people, a separation is a time out, not necessarily a step towards divorce. I’ve heard people say things like, “I don’t want to separate, because I’m afraid that is automatically going to lead to divorce—but I really would like a break to figure out what I want.” Even though separation is…


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How long does it take to get divorced?

Attorneys are pretty notorious for not answering questions we’re asked. In fact, in law school, I remember a contracts professor joking that the answer to all legal questions is “it depends.” You’ll have to forgive me, because that answer has been pretty deeply ingrained in me (and, as far as I can tell, in all…


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Immediate Divorce in Virginia

Everyone wants a divorce that is over quickly. In fact, in initial consultations, that’s usually one of the first things people say to me. They want to know whether I think it can happen sooner, how long people usually spend negotiating, and whether there are any ways around the requirement of one year of separation…


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Fault Based Grounds for Divorce

Most people, at some point or other, really want to explore all of their options when it comes to divorce. For most people, too, that starts with carefully considering fault based grounds. They’re definitely appealing. For a lot of people, selecting from among the fault based grounds of divorce feels almost compulsory, if those grounds…


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