Family Law

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|

How Much Do You Have to Owe in Child Support to Go to Jail?

How many zeros in a bajillion dollars? Sometime in the early 1990s, trolls and wags forged the word bajillion to join all the other words for a fantastically large amount of money. Kazillion, katrillion, umptillion — and our personal favorite, Godzillion (a cross between cool cash and a Japanese movie monster?). Just how much money does a Virginia noncustodial parent ...

By |November 23rd, 2020|

Who Has Custody of a Child If There’s No Court Order?

We all remember the quaint days of “No Shoes, No Shirt, No Service.” Nowadays, it’s “No Mask, No Service.” What happens if it’s “No Court Order, No Custody” looming in your life? At The Start: Equal Responsibility in Parenting Babies are natural. Paperwork is not. Babies are born free and unencumbered by birth certificates, immunization records, report cards, driver licenses, ...

By |November 16th, 2020|
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