In any custody case, parents may want the court to hear directly from their children. The children can provide information about the parent’s relationship, any abuse they have experienced, and other relevant events for the court’s consideration. In family law we often have one party’s word against the other – and the only other potential …
Myths in Military Divorce
Going through a divorce is difficult. If one spouse is in the military, it can complicate things even more. Navigating the complexities of military benefits and martial share of pensions while learning the legal system and trying to move on with your life can be impossible. Service members and their spouses are flooded with information …
Proving Adultery in Your Divorce Case
It’s more than a feeling … your spouse stays out late, “at work,” when they’re at home they’re distracted and on their devices … they have a “friend” who is just a little too close. You know something is wrong, but could you prove it in court? Virginia makes getting a divorce based on adultery …
12 Mistakes You Should Avoid During a Divorce
Unfortunately, for many people, some of the biggest mistakes that they make in their life come about during a divorce. The divorce process is unfamiliar, stressful, and often painful. There’s a lot at stake. Often, people settle for less than they deserve because of a long, drawn-out battle. In many cases, they fail to realize how …
Unique Issues of “Grey” Divorce
Put simply, a Grey Divorce, is any divorce for individuals over 50 years old or for individuals who have been married for more than 25 years. Having done Grey Divorces for several years, what I found online was a lot of vague descriptions and misinformation. In reality, a Grey Divorce operates similarly to any other …
So You’re Officially Divorced … Now What?
Even after your divorce case is final, the work may not be done. Our clients are often surprised that everything may not be over just because the divorce has been signed. The emotionally draining process of exchanging information, settlement negotiations, and even trial may only be the beginning. Common Issues After Divorce Vague or inexact …
What Happens if We Agree With Divorce?
Sometimes co-parents are able to work out terms and schedules without court involvement. In these cases we are often asked – “Do I still need an attorney?” It’s always advisable to have an attorney review or draft your agreement to fill in any vague terms, ensure statutory requirements are met, and to plan for the …
Talking to Your Children About Divorce
In any divorce or separation involving children, it’s important that the children understand what is happening and parents address their concerns at each stage. No matter their age or maturity level, every child will have some anxiety about the process and changes impacting their daily life. When you are going through the divorce process it …
My Ex-Spouse and I Disagree on Vaccination. What Now?
If you and the other parent do not agree on a big decision, it can lead to serious issues. Whether you are divorced or not, making decisions regarding your child is generally a joint obligation. Most of these decisions are small, like going to the dentist. Some decisions can have major consequences. An example of …
Divorce in the Exceptional Needs Family
Families with individuals with exceptional needs will face additional challenges in navigating separation and divorce. Some challenges the courts are equipped to handle, and others are severely lacking. In an ordinary custody and visitation case, the court will look to the “status quo” for the family. Most often, one parent has been the primary care …
5 Biggest Mistakes You Can Avoid Making During Divorce
Mistake #1: Waiting Too Long to Get a Divorce. Even as a divorce lawyer, I never want to advise people to rush into divorce; however, we see time and time again the mistakes that good people make when they try to stay in a broken relationship. If you know your marriage is over but just …
The Impact of Divorce on Spousal Military Benefits
Going through a divorce is tough and confusing for anyone, military or civilian. But when a military couple decides to get separated or divorced, there are rules that come into play that are not applicable in the civilian world. Military members and their spouses may decide to separate for one reason or another. In the …
Divorce During COVID-19
For couples that were facing separation and divorce before the stay-at-home order, Executive Order 55 added complication to the separation process. In order for couples to divorce based on separation in Virginia, they must have been living separate and apart for 6 months or 1 year before filing, depending if they have minor children or …
Is Mediation Right for My Case?
Is Mediation Right for My Case? The divorce process can be unfamiliar, stressful, and painful during an already difficult time in your life. Facing the legal system for the first time while dealing with personal affairs can add complication. Cases that go through litigation often take months, or even years before they are resolved. Along …
How Deployment Affects Custodial and Visitation Rights
The Commonwealth of Virginia has the second largest military population in the United States. In 2008, the legislature enacted the Virginia Military Parents Equal Protection Act, which addresses the concerns of deploying parents regarding custodial and visitation decisions. The Virginia Military Parents Equal Protection Act defines who is considered to be a deploying parent, including not …
Military Divorce in Virginia: What You Need To Know
Active duty military service members, as well as their families, make large sacrifices in service to their country. The long separations, frequent relocations, and the challenges of active duty may stress and take a toll on these marriages. A Virginia military divorce creates several unique issues as compared to the typical civilian divorce and can …
New Tax Reform Bill and Spousal Support Changes
President Trump signed the new tax reform bill December 22, 2017. Among the many changes to tax law, the final bill eliminated the tax deduction for spousal support or alimony payments. In the Commonwealth of Virginia, alimony, the legal obligation imposed on a person to provide financial support to their spouse after marital separation or …
Division of Property: Yours, Mine, or Commingled?
In Virginia, a married couple’s assets and property are generally divided into two categories: marital (also referred to as joint property) separate property Marital property is property and income that is acquired or received during a marriage by either spouse, regardless of whose name is on the title. This includes earnings, retirement contributions, homes, cars, …