In a divorce and other family law situations, the typical method of resolving issues is through traditional litigation. However, more people are opting to try a collaborative method of conflict resolution, known as mediation. Depending on the specific particulars of your case, mediation or litigation may be a better option for you, so it is important to understand the difference in order to make the most informed Read More
Do I Have to Pay Child Support if I Have 50/50 Custody?
The common preference in family law courts in Virginia is to maintain joint custody of a child during and after a divorce. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. However, an equal split of custody in a joint custody case often leads to questions about the payment of child support between parents. If the Read More
When to Switch from Mediation to Litigation
Divorce mediation can be a great alternative dispute resolution technique to resolve differences during a Virginia divorce negotiation. However, there are times when mediation is no longer an effective technique and you may be required to switch from mediation to traditional divorce litigation. If you suspect any of the following situations are occurring in your divorce mediation case, you should consider speaking Read More
Who Pays for Mediation Costs?
When a couple cannot agree on the terms of their divorce, they can either go through the traditional means of litigating their divorce or opt for the alternative dispute resolution method of mediation. The purpose of divorce mediation is to find collaborative solutions to outstanding issues that will lead to an amicable agreement in the divorce settlement. There are many benefits to utilizing mediation in a Virginia Read More
What is Mediation and How Much Does Court Ordered Mediation Cost?
One of the modern and growing trends in divorce negotiation is the use of mediation in place of traditional litigation. Some couples are opting to try mediation first before traditional court-ordered hearings, while in other situations, the court is ordering couples to try mediation before allowing court divorce hearings. If the court is ordering mediation, it is important to understand how the process works and Read More
Does Incarceration Affect a Parent’s Child Support Obligations?
Paying child support is a court ordered responsibility, and if the noncustodial parent is incarcerated, this does not erase the obligation to pay for his or her children’s needs. Parents are expected to pay child support regardless of their personal situation, but the circumstances of the incarceration can have an affect on a parent’s child support obligations. In many cases, the noncustodial parent who is Read More
What to do About Custody, Visitation, Property, and Other Issues While the Divorce is Proceeding
Filing for divorce can be a lengthy process in Virginia, even if the spouses agree to a no-fault divorce. Sometimes, divorce cases can drag on through the court system for years, but in many cases there are real issues that need to be resolved immediately while the case is going through the courts. Virginia law allows for a family law court to issue “pendente lite” orders to address immediate needs of custody, Read More
The Benefits of Divorce Mediation in Virginia
One of the most popular trends in divorce negotiation is avoiding the contentious litigation in court and instead choosing to settle differences through mediation. There are many benefits to choosing divorce mediation in Virginia instead of traditional divorce proceedings if both spouses are prepared to enter into divorce negotiations with a collaborative, instead of litigious, mindset. A local Virginia divorce Read More
What to Expect from a Military Divorce in Virginia
Divorce is often a complex and stressful time in a person’s life, but when one or both spouses are in the military, the process becomes even more complicated given the state and federal laws that grant certain protections to service members who are active in the military. If you are considering a military divorce in Virginia, it is critical that you understand how these laws may impact your Read More
What Happens to Student Loan Debt in a Virginia Divorce?
During a Virginia divorce, both the assets and debts of the spouses are totaled and split. This can include student loan debt, which many people in Virginia have incurred and are still paying off when their divorce is initiated. What happens to that student loan debt in the division of assets and debts during a divorce? Who is responsible for the payments? Like most other states, it depends on the situation of the Read More
