What is legal separation? Separation occurs when a couple stops living together as married spouses. In the Commonwealth of Virginia, this can occur before you sign a Separation Agreement. To be considered separated, you need to prove two points: That you are, in fact, physically separated. This usually happens when one spouse moves out of […]
Do I Litigate, Mediate Or Collaborate In My Divorce?
When a new client comes into the office, a part of our initial discussion is which one of three forks in the road should the client take in this case. Is this a case that must be litigated because there are issues that only a Judge can decide? Are the parties able to retain the […]
Cohabitating With A Person Of The Same Sex After Divorce Can Terminate Your Alimony
Virginia Code Section 20-109 states that spousal support/alimony shall terminate if the recipient spouse “has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more.” The terms “cohabiting” and “analogous to a marriage” mean more than simply living in the same house, and that will be the subject […]
Spousal Support In Virginia
Virginia recognizes the need for one spouse to receive spousal support (alimony) from the other in certain situations but not every case. Generally speaking, spousal support is based on income of the parties, the payor’s ability to pay and the recipient’s need. A spouse in need can petition a court for temporary spousal support under Virginia […]
Adultery Is Not “No Harm, No Foul”
Adultery is often committed in secret or without the innocent spouse’s knowledge. Some states, including Florida, for example, consider adultery to be a “No Harm – No Foul,” concept and grant a divorce based on one party’s desire to end the marriage. Virginia, on the other hand, is a fault-based state, which considers statutorily prescribed fault in […]
Verbal Agreements To Modify A Child Support Order
Every person obligated to pay child support must be aware that a child support order remains in full force and effect until it is modified by a new child support order. However, many payors — those responsible for paying child support — will often informally modify a child support order, and that can be a […]