Family Law

I Want to Evict My Wife … Can I Do That in Virginia?

To have and to hold. Those are part of many traditional wedding vows. That word, “hold,” is directly related to another word: tenant. Tenants — folks renting a space from a landlord — are named from the Latin word tenere, “to hold.” Unless your wife is a tenant in your marital home, you have no legal right to kick her ...

By |October 25th, 2021|

Communicating Privately During Your Separation & Divorce

Open communication is key to a good marriage. Communicating openly and privately with your family law attorney is key to a good separation and eventual divorce. Privacy Matters During Divorce When you buy your ticket on the emotional roller coaster that is separation and divorce, you need to change some of your behaviors. You are no longer partners with your ...

By |October 18th, 2021|

What are the Pros and Cons of Legal Separation in Virginia?

The phrase, “legal separation” is a Virginia myth on par with the Richmond Vampire. Like the Vampire, it seems never to die, it changes over time, and it has a tiny kernel of truth at its core. First of All, There’s No Such Thing Nothing in Virginia law enshrines “legal separation” as a concept. In Virginia, you are either: ...

By |October 11th, 2021|

Can I Get a GAL Dismissed from My Case Due to Bias?

Virginia’s legal system provides Guardians Ad Litem (GALs) in all cases involving children (and incapacitated adults). Most often, the GAL represents the child. Ideally, the GAL works as a professional by appointment of judges in Juvenile & Domestic Relations Courts, District Courts, and Circuit Courts. What happens when that ideal falls short? Working with a GAL A GAL is appointed ...

By |October 4th, 2021|

Does Our Separation Agreement Survive Reconciliation in Virginia?

You and your spouse have decided to separate. You both realize this is the best thing for your future happiness. You agree on all the details — spousal support, child custody, property division — and sign off on the property settlement agreement. Only … a few months later, you reconcile. Now what? What protections remain in place? What Marital Separation ...

By |September 20th, 2021|

How Can I Save, Print & Document Text Messages for My Attorney?

Your typical electron flies around at nearly the speed of light, 300,000 kilometers per second (186,000 miles per second). All those text messages you and your divorcing spouse are sending back and forth? Just gatherings of electrons, zipping along the internet. How do you capture something so ephemeral? Can Text Messages Be Used As Evidence? Let’s clear this up immediately: ...

By |September 13th, 2021|

Can My Marriage Be Saved?

We know what you’re thinking. Why would divorce attorneys want marriages to be saved? Contrary to popular rumor, divorce attorneys are not heartless. We hate to see anyone hurt, sad, depressed, or unfulfilled. A rocky marriage helps nobody, from the couple themselves to their immediate family to the larger community. So, yeah, family lawyers want marriages to be successful. Here’s ...

By |September 6th, 2021|

What is 50/50 Custody in Virginia?

If you tell a group of people that today has a 50 percent chance of rain, a handful of them may actually think that means it’ll rain for half the day. That’s not how percentages work. Similarly, 50/50 custody may confuse some parents. Types of Custody Virginia’s family laws provide for a wide range of custody arrangements after separation and ...

By |August 30th, 2021|
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