What does contested divorce mean?

When you’re researching something new, the terminology can be confusing. The same can be said of divorce, and not only because so many Latin terms and phrases are used.  “Contested” and “uncontested” aren’t words that come up very often in everyday life and, if you’re wondering what it means, you’re not alone. If you’re like…

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Advantages of a Separation Agreement

Divorce can take several different shapes, although the end result is fairly simple: either you get divorced with a separation agreement, or you litigate your divorce in court and the judge decides. A separation agreement is a legal contract that divides all the assets and responsibilities from the marriage between the parties. Most people ultimately…

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50/50 Custody in Virginia

Custody and visitation are always major hot button issues in divorce and custody cases, especially because there are so few guarantees. The whole ‘best interests of the child’ standard means that there’s not a standard custody and visitation arrangement ordered; it’s a subjective, not an objective, process, which means that a variety of different arrangements…

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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…

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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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Virginia Marital Agreements and Eventual Divorce

It’s not always possible for a couple to say, at the very beginning of the process, that they will or won’t ultimately get divorced. For many, there’s a desire to save the marriage, if at all possible. In some of those cases, a marital agreement may be one way to at least attempt to save…

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Is collaborative divorce right for me?

When it comes to divorce, there’s often a lot of fear involved. One of the biggest fears – for husbands and wives – is the threat of litigation. Litigation, though useful in certain circumstances, is complicated. It’s incredibly costly, with parties often spending far, far more than their counterparts pay for negotiated, mediated, or collaborative…

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Should I agree to his terms in our Virginia divorce?

It often happens that, before I see a client in my office, she and her husband and/or child’s father are negotiating some behind the scenes. Though I often think that’s a good thing (hey, cheaper to agree yourselves than to pay me to negotiate it for you!), it can also be frustrating when a client…

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Virginia divorce forms

Everyone wants to DIY their divorce – that is, until they realize exactly what’s involved! We get requests all the time for copies of the forms that are needed in order to finalize a divorce in Virginia. But the truth is, it’s really not that easy! And it’s not one size fits all. It’s not…

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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 on this, and its specific limitations, HERE if that’s something…

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