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

My Ex is Talking Badly About Me to Our Children, Should I Confront Him/Her?

Whether you are recently separated and pursuing a divorce, or already divorced and well-entrenched in a custody arrangement with another parent, having your ex-spouse talk badly about you to your children is, at best, annoying and, at worst, creating lasting divisions and damage to your parent-child relationship, which could persist indefinitely. As members of a free society, we are all entitled to voice our 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

Tips on Protecting Your Assets When Filing for Divorce

The moment a spouse files for divorce is one often overwhelmed with mixed emotions, which can include grief at the end of a relationship combined with optimism for a better future. But whatever your emotions are, it is critically important for you to make sure that you are taking the steps to protect your assets before you or your spouse take actions which can significantly damage your financial picture after a Read More

How is Drug Testing Used in Virginia Custody Cases?

When the parents of a child cannot agree about custody and visitation arrangements for their child in Virginia, the state court will ultimately have to make its own decision regarding the legal and physical custody of the child. The court uses a “best interests” standard in making this determination.  In particular, parental drug use has an enormous impact on the interests of that child and on the ability of a parent Read More

What Are the Residency Requirements for a Virginia Divorce?

Moving from state-to-state and divorce often go hand-in-hand. Sometimes, couples move to a new state to try and make a fresh start only to find that their differences have followed them and they are ready to move on. In other cases, one spouse may leave the marital household and go to another state, either temporarily or permanently, to go live with a family member or other person to figure out next steps or start a Read More