I believe in my marriage, and I don’t want a divorce In many cases, couples both agree that the marriage isn’t working and that they want out. I’ve had several, though, where one party or the other doesn’t agree, and consistently insists that he or she wants to stay married. The reality is that you really can’t FORCE someone to stay married; whether you like it or not, one party deciding that they want a divorce is enough to move the case forward. You can slow down the process; you can make … [Read more...]
I have court coming up. Is it too late to hire you?
I have court coming up. Is it too late to hire you? Probably one of my absolute least favorite things in the entire world is when I have a consultation, and she tells me that she has court next week (or tomorrow, or in two days). So, yeah, next week is always kind of tricky – especially if your court hearing would require any kind of preparation at all (which they almost always do). I mean, obviously, going to court requires preparation, right? Otherwise we'd all just wing it, and … [Read more...]
Financial Abuse in Virginia Divorce
Financial Abuse in Virginia Divorce Financial abuse is a major issue in many divorce cases, especially when there’s a big disparity in income between the parties. For two spouses with a roughly similar income (even if that income isn’t super large), the act of separating and setting up separate houses, though difficult, isn’t nearly as complicated or as consuming as in a case where the parties are on a total different financial playing field. Unfortunately for many women who find themselves … [Read more...]
Litigated Virginia Divorce
I spend a lot of time talking here about separation agreements, uncontested divorces, and how, in general, it's often ideal to avoid going to court to have your assets and liabilities divided. In most cases, that's quite true. But "most cases" is not every case, and you have to think critically about your case, and your unique situation, when figuring out what the best course of action for you, in your specific circumstances, might be. An uncontested divorce, though ideal, may not always be … [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...]
Should I file for divorce?
Should I file for divorce? I get it. Divorce is frustrating. And sometimes, things just aren’t happening as quickly as you’d like them to. What’s the hold up? Why is his attorney taking so long? Is he even ever going to respond, or is he just jerking you around? Do you stand a chance of getting what you deserve without going in front of the judge? There are so many questions swirling around in any woman’s brain as she contemplates the divorce process and the steps she should be taking. If … [Read more...]
What to expect at a pendente lite hearing
One of the main reasons people file on fault first isn’t because that would necessarily be their first choice. Many women would prefer to negotiate a separation agreement instead, and not only because an uncontested divorce is typically cheaper, easier, and much quicker. For a number of reasons, though, they may feel more or less forced onto the contested divorce track. I’m not here to discuss all the possible reasons why you might feel like you have to file on fault, but I am here to discuss … [Read more...]
Why file on fault in Virginia divorce
I spend a lot of time preaching about separation agreements. Obviously--see here, here, and here, for more information. I talk a lot about how useful they are, how much control they give parties over the way their assets will be divided, and the benefits of spending less on attorney’s fees (so you have more for your happily ever after). But a separation agreement isn’t possible for everyone, and that’s not necessarily a bad thing. When I talk about the benefits of separation agreements, … [Read more...]
My husband says he’ll never sign a separation agreement
There’s a lot of uncertainty when it comes to most divorces. At the beginning of the process, tensions are usually high, and there’s a lot of mistrust on both sides. Coming to the realization that your marriage is at an end is difficult and emotional, and it’s often surprising how fast people go from “till death do us part” to bitter adversaries. It’s understandable, though. It’s really shocking when the person you promised to love most in the world suddenly turns on you. No matter what … [Read more...]
He’s taking money out of our IRA! What should I do?
All sorts of different things spur women to take action in their divorce cases. One of the more common things I hear is that a husband has taken a withdrawal from an investment account, usually without wife’s knowledge. Usually, these women come in, panicked, thinking that because of their husband’s sneaky behavior that there’ll be less to distribute in the divorce. In some situations, that can be the case. It is possible that he has wasted enough of the assets, over a long enough period of … [Read more...]
