Family Law

Can I Keep My TRICARE after Divorcing?

Alongside the GI Bill, TRICARE is probably one of the best benefits this country has provided for its military men and women. This valuable, comprehensive health coverage provides military members and their families with dental, medical, vision, mental health, and prescription health insurance protection. It is so valuable, many divorcing couples in Virginia worry over keeping Tricare benefits after divorce. ...

By |February 15th, 2021|

I’m a Disabled Vet. Do I Have to Pay Spousal Support?

If you want to have your name remembered for posterity, consider entangling yourself in a courtroom drama. Let’s build the worst possible case: a veteran, disabled by dedicated service to our country, suffers the disintegration of his marriage. His divorced wife sues for spousal support. This is neither a country song nor a Hallmark channel movie. This is a legal ...

By |February 8th, 2021|

Who Has Custody of a Child If The Parents Aren’t Married?

Are you a glass-half-full or a glass-half-empty person? We ask because everyone has heard that old chestnut, “Half of all marriages end in divorce.” Well, that also means half don’t end in divorce. We are not half-full/half-empty people, though. We look at where that pitcher of our favorite beverage is, so we can top off the glass. People have other ...

By |February 1st, 2021|

Is Emotional Abuse a Form of Domestic Abuse?

The law is plainly written. Virginia Code § 18.2-57.2 is titled, “Assault and battery against a family or household member; penalty.” You break the law once, you face a Class 1 Misdemeanor. Break it three times, you face a Class 6 Felony. But what exactly entails “assault and battery,” and is emotional abuse domestic violence? Assault and Battery Watch enough ...

By |January 25th, 2021|

My Ex-Wife is Dating a Felon. How Do I Get Full Custody?

Wives become ex-wives. Convicts become ex-convicts. Serve your time and you’re an ex-convict. But felons? A felon is a felon for life. So, when your ex-wife starts dating a felon, are you cool with that? What can you do? How can you protect your kids? Two Different Issues You learn your ex-wife is dating a felon. Is this felon around ...

By |January 18th, 2021|

Do I File for Divorce in the State Where I Got Married?

In 1784, you could have married in the State of Franklin and by 1789 seen that state disappear. As the Smithsonian magazine explains1, the short-lived, eight-county state rebelled from North Carolina and wrote its own constitution before later returning to the Tar Heel State. If in 1790 you had wanted to divorce your State of Franklin wife, what could you ...

By |January 11th, 2021|

The Basics of Property Disputes During Separation

Habeas ut nanctus. Plautus, a Roman playwright, wrote that in 194 BCE. It means, “He keeps that finds.” Today, we and a playground of school kids would say, “Finders, keepers; losers, weepers.” Property disputes during separation in Virginia sometimes come down to winners and losers. Separation in Virginia Virginia law has a long-way-around legal path to separation. You cannot be ...

By |December 14th, 2020|

How to Talk to Your Child about Parental Alienation

Children, says doctor of psychology Sue Cornbluth1, want three things from their parents in divorce: to not be caught in the middle, to know the divorce is not their fault, and for the parents to act like adults. Sadly, one parent often pits the children against the other, violating all three of those wishes. Parental alienation is a form of ...

By |December 7th, 2020|
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