Do I Need to Go to Court to Get an Uncontested Divorce in Virginia?

Outside of those who work in the legal field, the idea of going to court can be intimidating, to say the least. Many people fear speaking to a judge, or saying the wrong thing, or even just the logistics of knowing where to be and when. Getting a divorce is one of the more common reasons people might have in their lifetime for being in court, but many individuals in Virginia seeking a divorce wonder whether there is Read More

Abuse and Custody Proceedings in Virginia: What You Should Know

Domestic abuse is an epidemic across Virginia and the rest of the United States, and it often plays a role in family law proceedings. Abuse is a leading factor that leads to a person seeking divorce and/or custody of a child, and Virginia courts will take domestic abuse into account in determining custody matters. You should speak to an experienced family law attorney as soon as possible to discuss your legal options Read More

Do I Need a Divorce Lawyer If We Agree on Everything?

As family law attorneys, we know that most people don’t dream of the day when they get to consider hiring a divorce lawyer (although some are certainly more eager than others). When people think of hiring a lawyer, they think of the expense, of having a stranger potentially learn about financial and emotional details in their lives, and the possibility that hiring an attorney might make their partner upset or feel Read More

Do I Have to Split My Pension/Retirement Benefits With an Ex-Spouse Who Remarries?

Divorce brings with it a lot of surprises, to say the least. The personal trials and changes that come with divorce are, of course, often quite profound and challenging, but, even aside from the emotional adjustment to new events, Virginia divorce law involves many facets that come as a pleasant surprise or rude awakening, depending upon one’s perspective and situation. One issue that often involves unexpected Read More

Can I Modify Custody in Virginia if My Ex-Spouse or I Get Remarried?

One of the biggest life changes that can occur post-divorce is when either you or your spouse decides to get married again. Whether this happens six months after the divorce or six years later, the understanding that you or your ex-spouse is moving on to another spouse can raise all kinds of issues. When kids are involved, however, these issues go beyond just emotional to more practical; day-to-day matters such as: Read More

Does a House I Already Owned Get Divided in a Virginia Divorce?

It is common for spouses in Virginia - especially those on second marriages or who get married later in life - to live in a house that was purchased by one spouse prior to the marriage and, after which, the other spouse moved into the same house. But what happens if the spouses divorce - does the spouse who moved in have any right to ownership interest in the house after the divorce? Separate and Marital Property Read More

4 Mistakes to Avoid in a Virginia Divorce That Could Affect Custody

For many parents, the most stressful and emotional aspects of a divorce relate to worries about their ability to maintain a close and loving relationship with their children, both through the divorce and afterwards. We want to do everything we can for our children, and we want to be there for them in the years to come. But the worry over having that relationship strained or impeded by the divorce can cause parents to Read More

Supreme Court Rules Disability Benefits Should Not Be Divided in Military Divorces

In most cases, getting a divorce is a matter of purely state law, but that is often not the case with regard to so-called “military divorces” in which at least one spouse is a current or retired member of the military. Because much of the ongoing income that such individuals receive comes straight from the federal government, federal law impacts how such income should be distributed among divorcing spouses, Read More

Should I Talk to a Lawyer if Facing Divorce in VA?

When a person is facing the prospect of divorce in Virginia, sometimes he or she does not feel like reaching out to a family law attorney to discuss the matter. There are many reasons why this hesitation to speak with a lawyer might be the case, but common reasons include: Fear that talking to a lawyer will antagonize the other spouse Worry that talking to an attorney will somehow make the divorce become Read More

5 Questions to Prepare for Divorce Mediation

Mediation can be a great way for divorcing couples to work out their differences and reach an amicable resolution without arguing their issues in a public, costly, lengthy, and dramatic courtroom battle. When couples work with a divorce mediator, the mediator will guide the two spouses towards mutually beneficial agreements on issues such as property distribution, alimony, child custody arrangements, and visitation. Read More