What happens in an uncontested divorce? Basically, in Virginia, you can get divorced in one of two ways. Either you guys duke it all out in front of a judge, who ultimately rules on how everything will get divided in your case, or, alternatively, you and your husband reach an agreement regarding how everything will be divided. In the latter case – the one where you guys reach an agreement – your divorce will be uncontested, meaning that the judge does not have to render any decisions, since … [Read more...]
Can I get him to pay my Virginia divorce attorney’s fees?
Can I get him to pay for my Virginia divorce attorney’s fees? Literally no one ever wants to pay attorney’s fees. It’s a reoccurring theme, and one I’m more or less used to at this point. We get questions every single day about pro bono work, free consults, and whether we work with legal service insurance provided through employers. When women find out that we really don’t do any of those things (or, at least, not in the way they want us to do it), they jump to the next best thing – how to … [Read more...]
How long does a Virginia divorce take?
How long does a Virginia divorce take? If you’re searching for an answer to the question “How long does a divorce take?” or “How long does it take to get a divorce in Virginia?”, chances are pretty good that you want it to be over with as soon as possible. Am I right? I get this question all the time. It’s certainly a reasonable question, but it’s also kind of a difficult question to answer. Divorces can vary pretty dramatically from one case to the next, depending on the type and complexity of … [Read more...]
My kids aren’t dealing well with the divorce
My kids aren’t dealing well with the divorce I’m no child psychologist, but I can tell you that I’ve dealt with my fair share of moms who worry themselves to death about the impact of their divorce on their children. To some extent, of course, they will notice and probably be affected by it – but that doesn’t mean that a divorce has to be traumatizing for children. Studies have shown that children – particularly young children – are pretty resilient and adaptable. It’s also better for … [Read more...]
What if we want to change our separation agreement later?
What if we want to change our separation agreement later? Things change, especially when your family is in flux. In a divorce, all sorts of things can change, even within a relatively short period of time. If you’re in the military, the chances that things will change increase exponentially. I can’t count the number of times that we’ve negotiated a custody and visitation agreement, only to turn around and find that someone is PCSing. Even with civilian families, things can change at the drop … [Read more...]
Telling family and friends that you’re getting a divorce
It’s hard to explain to family and friends that your marriage is over. Probably, even though they may have seen some of the less attractive sides of your relationship, you’ve still gone above and beyond NOT to let them see him in a terrible light. Probably, in many ways, they’ve accepted him as one of their own, and rely on him for things that they would be loathe to give up. I had a client one time whose husband was her dad’s doctor. For another client, her husband managed her parent’s … [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...]
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...]
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, separation of longer duration is required in instances where minor children are involved. Divorce is one of those areas of law that is regulated on a state … [Read more...]
Ballpark Divorce Case Costs
On Wednesday, we talked about ballpark costs in a custody case. Today, we’re going to talk about ballpark costs in a divorce. Luckily for you, estimating costs in a divorce is slightly easier than in a custody case. After all, with divorce, there’s a finish line – when you get divorced. (Custody cases aren’t like that; custody, visitation, and child support can be modified over and over again, provided that there has been a material change in circumstances, until the child turns 18.) There … [Read more...]
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