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...]
Will getting a job impact my alimony?
Will getting a job impact my alimony? I feel you – I’m a person who likes to take action, too. If you’re separating or headed quickly that direction, you’re probably wondering what changes you’ll need to make to your day to day in order to be able to afford the kind of lifestyle to which you have grown accustomed. In most cases, it’s not about you, really – it’s more about your children, or being able to afford to stay in the same home, or something like that. It’s scary to think of all the … [Read more...]
Will my husband return my children?
Will my husband return my children? There’s nothing worse in a contested custody case between the time when the parents separate or otherwise break up and when custody is determined by the judge (or agreed upon by the parties). It’s a legal gray area. Technically, as parents of the child, both of you have the legal right to do whatever you’d like with your children – move, travel, whatever. That’s not a very good feeling if your child’s father is unpredictable or threatening, and if you … [Read more...]
What is a Guardian ad litem?
What is a Guardian ad litem? Nothing strikes fear in the mind and soul of a mom more than the threat of a custody case – especially when dad is unreasonable, unwilling to compromise, or somehow an inappropriate caregiver. It happens a lot. Even dads who were never formerly involved – or who did some terrible things – can petition the court for custody and visitation. Dads can even petition the court for visitation of a child who is a breastfeeding infant. Really, any dad, at any time, in any … [Read more...]
Will a Guardian ad litem be involved in my custody case?
Will a Guardian ad litem be involved in my custody case? In a case where custody is litigated in court, there are at least two attorneys. Your attorney, who represents you – and has a duty to represent your cause zealously; and his attorney, who, of course, has the same obligations to your husband that your attorney does to you. It doesn’t matter whether your dad or your great uncle or your ex husband is footing the bill for your attorney, your attorney represents you and only you. So, … [Read more...]
Can my child’s other parent refuse to allow me to leave with the child?
Can my child’s other parent refuse to allow me to leave with our child? We get a lot of questions about what your child’s other parent can and can’t do as the situation moves towards a separation. I get it – it’s scary, it’s emotionally charged, and it can get ugly, really, really fast. There’s really nothing that pulls on our heartstrings quite as quickly and aggressively and viscerally as our children. We can’t help it. It’s biological. But what do you do? You can’t stay where you are … [Read more...]
Communication when your child is sick
Communication when your child is sick Having a sick kid is bad enough. Having to deal with your child’s father while you have a sick kid is even worse. Most agreements – and court orders – specify that when the child is in your care, you need to notify the child’s other parent of any illness or injury. Now, I think we can be reasonable here, and assume that doesn’t mean that you have to let your child’s father know every single time your child sneezes or has a slightly runny nose. (Unless, … [Read more...]
Girl’s Night Out at the Ocean View Fishing Pier 2019
Girl’s Night Out at the Ocean View Fishing Pier It’s that time of the year again! It’s time for one of our favorite-ever Girl’s Night Out events at the Ocean View Fishing Pier. If you’ve never been there, you’re probably thinking, “A fishing pier? What?” but that’s only because you’ve never been there. It’s such a cool venue – unlike anywhere else I’ve ever been. At the Ocean View Fishing Pier, there is a pier, yes. I mean, obviously. And you can go fishing. But, even more importantly, … [Read more...]
How do I get sole custody?
How do I get sole custody? All moms want sole custody. Hey, I get it – I’m a mom, too. And let’s just say that I share your belief that no one can do it – that is, mom my child – better than I can. And, in your case, there may very well be other issues, too. There’s often domestic violence, or differences in temperament and parenting style. Maybe he has mental health issues, or problems with drug, alcohol, or other substance abuse. There can be lots of reasons -- good, bad, and otherwise – … [Read more...]
Can I sign this prenuptial agreement?
Can I sign this prenuptial agreement? Women frequently bring us in already drafted agreements for our review and comment. Usually, a drafted agreement – whether it’s a prenuptial agreement, a marital agreement, or a separation agreement – includes some sort of language that says there’s been a full and frank disclosure of the assets and liabilities, and also that each party has had an opportunity to consult counsel with respect to the agreement. A full and frank disclosure of the assets and … [Read more...]
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