Family Law

Can I Refuse to Split the Equity of a Marital Home in My Name?

You can blame Causby's chickens for losing the limitless air rights above your home. The Supreme Court's 1946 decision1 set an upper limit to those rights (usually no more than 1,000 feet), but it was Thomas Causby's chickens that led to the order. His chickens, terrified at low-flying airplanes, ran themselves to death in a flight or fight reaction (sorry about ...

By |January 18th, 2019|

How Much Does a Custody Lawyer Cost?

What is the sound of one hand clapping? What happens when an unstoppable force meets an immovable object? How much does a custody lawyer cost? Some questions cannot be answered. On One Hand: Attorneys’ Hourly Fees The Zen Koan about one hand clapping is meant to enlighten the reader and follower, eventually to transcend all sounds and find "the soundless ...

By |January 16th, 2019|

Can I Get an Immediate Divorce Based on Domestic Violence?

For most people, the word "cruelty" is the start of a phrase or search leading to innocent animals. In Virginia, though, cruelty is a fundamental reason to get a divorce. Domestic violence is, by legal definition, a form of such cruelty. It is one of the "fault grounds" for divorce, but it does not accelerate the process. Is Domestic Violence ...

By |January 11th, 2019|

My Wife Threw Away Our Signed Separation Agreement. Is It Still Valid?

The movie National Treasure hinges at one moment on the protagonist, Benjamin Franklin Gates (Nicholas Cage), who steals the Declaration of Independence. That is something you just don't do. Some documents, like the Declaration, are so rare, so special, they cannot be trifled with. Is your separation agreement one of those documents? Separation Agreements Aren’t Just Pieces of Paper A Virginia ...

By |January 9th, 2019|

Can I Get Custody if My Ex Has a Mental Illness?

Our everyday conversations are replete with misdiagnoses against others: "You're crazy," "She's nuts," "He's two tacos short of a combo plate," and many others (a National Institutes of Health study1 rounded out top terms like disturbed, scary, psycho, spastic, mad, and loony). But for a parent with a serious mental illness, custody is a huge challenge. If your ex suffers from ...

By |January 7th, 2019|

What are My Rights If I’m in Jail and My Wife Wants a Divorce?

Virginia's jails and prisons held 66,503 prisoners as of 2016, according to The Sentencing Project1. The jail population alone was 28,690, with more than 10 times as many men as women serving time. Despite spending hours, weeks, and years behind bars, these men and women still retain legal rights, including the right to defend themselves against suits for divorce. Suits ...

By |January 4th, 2019|
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