Virginia code

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|

Winning a Relocation Custody Case in Virginia

Go along to get along. Or is it, “Get along to go along?” Sam Rayburn said it the second way; author Hillary Jordan went the other way. Here’s a wrinkle: “Get along to go.” As in, go out of state. To make child custody and relocation work, you have to get along with your children’s mother, and the judge. Virginia ...

By |November 9th, 2020|

Can a Mother Lose Custody for Not Having a Job?

When we say, “All work is noble,” we not only forget the other half of that quotation, but we also ignore the subtle disdain it shows for anyone not working. When Maria Montessori said, “All work is noble,” she finished the thought with, “the only ignoble thing is to live without working.” What does Virginia make of a mother who ...

By |November 2nd, 2020|

What Happens to Student Loan Debt in Divorce?

If you owned a stock that climbed 33 percent in value from 2014 to 2019, you would rightfully think of yourself as the next Warren Buffet. That percentage, though, is the increase in the amount of student loan debt incurred in the United States in that five-year period, according to Investopedia1. If a sliver of that debt is in your ...

By |September 14th, 2020|

Can I Plead the Fifth in My Virginia Divorce Case?

“I plead the Fifth.” It refers to Amendment V of the beloved and revered United States Constitution. Can the Fifth Amendment help your Virginia divorce case? Amendment V Our very own James Madison, esteemed Virginia lawyer, signer of the Constitution, and fourth president of the United States, penned Amendment V: “No person shall be held to answer for a capital, ...

By |September 7th, 2020|

Do I Have to Have a Separation Agreement for an Uncontested Divorce in Virginia?

How many words would you need to explain one word? Virginia’s Supreme Court took 544 words to explain their disapproval of the word “shall.” Let’s see how many we need to ensure you completely understand how a Virginia property settlement  agreement — also called a separation agreement — gets you to your uncontested, no-fault Virginia divorce. What is a Property ...

By |August 31st, 2020|

COVID-19 & Withholding Parenting Time

Parents protect their children. All mammals — otters, ocelots, wombats, numbats — worry over and coddle and defend their offspring. Instinct makes a Virginia parent especially sensitive to risk during a pandemic. Intentional or not, some Virginia custodial parents are withholding visitation and parenting time. What risk does that bring, and what is a better way? Let’s Focus on Science, ...

By |August 25th, 2020|

The Unforeseen Impact of COVID-19 on Women & Mothers

COVID-19 is terrifying a lot of Virginians, and rightly so. Some hunker down, adopting a bunker mentality that preserves the home as a virus-free safe zone. Some seek to escape, by packing the kids in the family car and heading off to surrounding states. Some seek to escape their marriage at the same time. COVID-19 Ground Conditions As of August ...

By |August 17th, 2020|
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