Will your divorce or custody attorneys travel to my area to represent me? Women sometimes look for an out of area lawyer for a number of reasons. Distrust in the system generally is sometimes one. Another might be that you come from a smaller community, and your husband has already sought out and maybe interviewed with the most prominent attorneys there. (Because of attorney ethical rules, if an attorney has had a consult with the adverse party, they are conflicted out and can’t represent the … [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...]
When will he start paying me child and spousal support?
When will he start paying me child and spousal support? It's a question we hear all the time. Financially, divorce can be complicated. In most cases, even in cases where there’s plenty of money, there’s some nervousness and confusion when it comes to how everything will be divided. Even though, in the Virginia Code, the provisions relating to spousal support refer specifically to the standard of living established during the marriage, most people realize that it’s really pretty impossible to … [Read more...]
Should I draft my Virginia separation agreement first — or let my husband do it?
Getting started with a divorce is always tricky. There are a lot of feelings involved, and, a lot of the time, no one really wants to be the first to pull the trigger, so to speak. They wonder whether they might be better off to wait it out and let their spouse make the first move, whatever that move may be. If your husband hasn’t made a move yet, it might be tempting to wait. After all, hiring an attorney is sort of scary, and it costs a lot of money, so there’s no sense jumping the gun and … [Read more...]
Is separation just a pit stop on the way to divorce? Part Two
Last Friday morning, we started talking about separation. When are you separated? What does it mean to be separated? And, of course… Is separation even really a thing? Or is it just a pit stop on the way to a full fledged divorce? Lots of women say to me that they want to try a separation, but they’re too afraid that it will mean that they’ve given up on their marriages. If their husbands suggest it, they worry that their husbands are ready to totally throw in the towel. It makes them panic, … [Read more...]
Divorce Hampton
Generally speaking, you file for divorce in the city where you and your husband last lived together as husband and wife. Though technically any court in Virginia can grant your divorce, you may find that this court (the one in the city where you last lived as husband and wife) is the most helpful to you. Other courts will sometimes refuse to accept divorces (particularly contested ones) from people who don’t live in their jurisdiction; in other cases, even if the court itself allows you to file … [Read more...]
