I had a consult the other day where a woman walked in with a signed document with a header that said “Separation Agreement” and she asked me, “Is there any chance this is fake?” Did I sign a fake separation agreement? I had to do a double take. What do you mean, fake? I asked her a couple questions, but mostly I was totally confused. Where would a document indicate that it would be fake? After all, a separation agreement isn’t some fancy hocus pocus that only lawyers can put on a … [Read more...]
Virginia Child Support Guidelines
If there’s anything that’s lagging behind the times in divorce and custody, it’s child support guidelines. (Just kidding. This is Virginia. We’re lagging behind in a lot of places, I’m just choosing to talk about one area that, in my opinion, is particularly behind the times.) It’s kind of like no one has any idea what it costs to raise a child in this day and age. For a lot of moms, the amount of child support is a little like a slap in the face. Or a lot like a slap in the face, … [Read more...]
Recorded conversations in Virginia divorce
It doesn’t happen all the time, but every so often I get a question about what to do in the event that someone else starts recording your conversations—ostensibly to use against you in some kind of civil or criminal proceeding. In divorce law, most of the time those conversations are intended to be used as evidence against a wife by her husband in a divorce, support, or protective order case. There are very few things as infuriating as having someone following you around with a recorder … [Read more...]
Prenuptial Agreements and Virginia Law
Let me just say this: prenuptial agreements aren’t all that common. And, if your soon to be husband has presented you with one, you have three options: 1. Sign it as is, and hope for the best. (Generally not recommended.) 2. Don’t sign it. Walk away, and hope he’ll marry you anyway—but with full knowledge that this may be the end of your relationship. 3. Negotiate a better result. I don’t like prenuptial agreements for a lot of reasons, but, most specifically, (and the one that’s resonating … [Read more...]