Virginia Woman's Guide to Spousal Support Part 3 Between part 1 and part two of this article, we’ve talked about a lot of things that can come up in spousal support cases, including recent changes to the law that impact both the modifiability of spousal support and the tax consequences associated with it. We’ve also discussed, pretty generally, how spousal support is awarded – either by an agreement between the parties, or ordered in court by a judge. But HOW does that happen, … [Read more...]
Can I represent myself in my Virginia custody case?
Can I represent myself in my custody case? Women ask me all the time whether they can represent themselves in their custody cases. I get it – attorneys are expensive. And probably fairly intimidating, especially if you don’t have much experience with the process. Technically, the answer is yes. You are allowed to represent yourself in a divorce or custody case (because, of course, custody can be either a standalone case or it can be part of a larger divorce action) in the courts in the … [Read more...]
Can I handle my Virginia family law case myself?
Can I handle my Virginia family law case myself? Under Virginia law, you are free to elect to handle your own family law case in the Virginia courts. Depending on the complexity of your case and the issues involved, though, it may be more or less possible to do so. Family law cases cover several varieties – juvenile court cases (custody, visitation, child support, protective orders), and circuit court cases (divorces and appeals). We can talk about each in more detail, and how likely it is … [Read more...]
Is Virginia’s Custody Law Revision a Big Win for Shared Custody?
Is Virginia’s Custody Law Revision a Big Win for Shared Custody? No way around it, dividing up parenting time with your child’s father is a scary task. For most moms, the thought that you won’t be able to be with your child any time you like is overwhelming. It’s especially overwhelming since July 1, since new legislation came down. I wrote a post awhile back updating everyone on all the changes to the law beginning on the 1st of July, but I’ve found that one of the things people want to … [Read more...]
What if my child is subpoenaed in a custody case
What if my child is subpoenaed in a custody case? Custody cases are about as common as…well, something that’s very common. We see them literally all the time, and they can come about in a bunch of different ways. Obviously, you don’t have to be married to have a custody case; you just have to share a child in common with your former partner. So, some custody cases are part of a larger divorce action, while others relate only to shared children. Still others are modifications of previously … [Read more...]
Can I expedite my spousal support hearing?
Can I expedite my spousal support hearing? Strategically, in a divorce, there are a lot of different decisions that you can make, depending on a number of factors. Since money is often the biggest issue in divorce (second only to custody, if there are minor children involved), spousal support can take center stage fairly early on, especially if your husband has cut you off from financial support. Bills coming due or an unpaid mortgage can drive terrified women into my office pretty quickly, … [Read more...]
Virginia Custody Issues: He won’t let me see the kids
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 child’s father have equal and complete rights to your children. You can take them when and where you want, including but not limited to Timbuktu. Though your child’s … [Read more...]
Emergency Custody Hearings
If you’ve found your way to this page, you probably already know that, in most jurisdictions, it can take several months to get a hearing schedule on custody and visitation petitions with a juvenile court. In Chesapeake, for example, it takes 90 days for the court to review the petitions, and usually another 90 to get a hearing scheduled! For most people, when they seek legal help, it’s because they’re at the end of their rope and they just don’t know how to proceed. Having to wait another … [Read more...]
Waiving child support in a Virginia separation agreement
Waiving child support in a Virginia separation agreement I hear the same objection all the time: "But my husband says he won't sign an agreement unless I waive child support." They're upset. They're scared. They don't know what to do. Most are loathe to accept any kind of financial assistance from their child's father anyway, but they're still not quite sure how they'll make ends meet WITHOUT child support. "What can I do?" they ask me, tearfully. So, it's a loaded question, and one … [Read more...]
Handling Divorce and Custody
I often find that, when reaching a separation agreement isn’t as easy as previously thought, many people (especially those who had hoped to navigate their divorce without the assistance of attorneys) find themselves filing for custody. Though I can certainly understand the appeal of this (after all, custody is THE biggest issue in cases where there are minor children), sometimes it’s not the best course of action. After all, you can go through the court process (with or without attorneys) but … [Read more...]
