Dissecting the Virginia Stay at Home Order Governor Northam issued a Stay at Home order for Virginia residents, effective immediately, on Monday, March 30th, 2020. I wrote last week about what would happen if a shelter in place order was issued, ironically right before Governor Northam issued his stay at home order. I’ve been reading up on these, and it probably bears mentioning that this is not a “shelter in place” order. “Stay at Home” is different, since shelter in place was intended to … [Read more...]
How Will COVID-19 Affect My Family Law Case?
First of all, we are thinking about all of our clients and all women and children in Virginia at this time. No matter your life circumstance – whether you have kids, whether you are elderly, or whether you are just trying to keep your job, everything right now is hard. Schools in Virginia are closed for at least two weeks, perhaps indefinitely. Businesses have reduced hours, and we are limited to take-out and delivery at restaurants. Even the courts have limited their availability to only … [Read more...]
I just need easy Virginia divorce paperwork!
I just need easy Virginia divorce paperwork I hear things like this all the time. “I just need an easy uncontested divorce,” or “I need my divorce paperwork filed.” Sometimes, it even takes on a sort of insulting tone, “I just need a paper pusher to finalize this divorce.” “There are no issues,” I’m assured. “It’s just an easy divorce.” Is there any such thing? Well, sure. It can be pretty easy, though that’s not to suggest by any stretch that what attorneys do when it comes to divorce is … [Read more...]
Form Internet Separation Agreement
Form Internet Separation Agreement Reason number 2390123 I am more than a little terrified of random form documents that people find on the internet… Okay, well, honestly, in this case, two reasons: (1) people put in things that are in the form agreement “because it was on the form and just thought it needed to be in there” and (2) they put in provisions that aren’t enforceable or don’t make sense and then end up disappointed or annoyed and also in a position where they have to spend a lot of … [Read more...]
Virginia Same Sex Custody and Visitation Cases: Part Two
On Monday, we talked about issues that gay parents face in custody and visitation cases, with specific emphasis on couples who have always been gay. I don’t say “always” to ignite any kind of nature or nurture debate, but merely to illustrate that there are some differences between gay partners who had children together and divorced, heterosexual couples where one parent engages in a subsequent same sex relationship. Though these people, too, have likely “always” been gay (and I certainly mean … [Read more...]
Do I Want a Guardian ad Litem Appointed?
Do I want a Guardian ad litem appointed? A Guardian ad litem is an attorney appointed on behalf of a child in a custody case. We really don’t bring kids to court to testify; there won’t be a moment where the child has to tell the court whether he’d prefer to live with mom or dad. That just doesn’t happen. But, of course, in a custody case, the prominent parties are typically mom and dad, and their respective lawyers. Their lawyers will, obviously, argue THEIR respective points. But where … [Read more...]
Already Signed Separation Agreement
Already Signed Separation Agreement I met with a woman the other day who, from the moment she sat down, told me that she had just signed whatever her husband put in front of her because she wanted to keep things amicable. They have four children in common, and parenting was – understandably – her primary concern. He told her that they’d share custody. But the agreement said that dad would get primary physical custody, and mom would only get visitation every other weekend. She was under … [Read more...]
Do I need a divorce seminar?
Do I need a divorce seminar? These days, people get information in all sorts of different ways. I was scrolling through Facebook just this morning while I was blow drying my hair, and came across a really interesting article in Forbes about the new ioS 13 update and how we’ll soon be able to protect our private data (like location services) from apps that try to access it in new ways. I wasn’t even looking for it, but it really gave me insight into something new. I like that. Or, at least, … [Read more...]
Parental Alienation in Virginia Custody Cases
Parental Alienation in Virginia Custody Cases One of the sharpest swords in a dad’s arsenal when it comes to custody cases is often a parental alienation claim. It’s an easy thing to claim, and it often creates a really tricky “he said, she said” situation that can make it hard to asses the truthfulness of anyone involved. That’s the problem with custody cases, isn’t it? How do you refute something that he just seems to pick out of the air? And, when it comes to parental alienation claims, … [Read more...]
How long do we have to be married to get half the house?
How long do we have to be married to get half the house? There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how the law works. I saw a question the other day, “How long do we have to be married to get half the house?” and I knew I had to address it, … [Read more...]
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