Q:What is the difference between a fault-based divorce and a no-fault divorce?
A:Virginia recognizes several different fault-based grounds for divorce. These include adultery, sodomy, buggery, conviction of a felony, cruelty, desertion, and constructive desertion. Alternatively, a divorce can be granted because the parties have lived separate and apart for the requisite period. People often refer to this type of divorce as no-fault because the parties do not [ Read More ]
Q:What should I bring to my first meeting with my family law attorney?
A:Meeting with an attorney for the first time can seem overwhelming. However, being prepared will make the meeting run smoothly. Bringing key documents will help you make the most of your first meeting with your attorney to ensure you receive effective representation. If your case already involves pending litigation, documents you have received from the [ Read More ]
Q:What is the definition of custody?
A:There are two parts to a custody determination in Virginia: legal custody and physical custody. Legal custody is the responsibility to make decisions for the child’s care and control. Physical custody is where the child primarily resides. In some cases it may be appropriate for one parent to have sole legal custody of the child, [ Read More ]
Q:Am I legally separated?
A:When a couple is starting to explore the possibility of divorce, sometimes it is difficult for one party to answer the question, “Are you separated?” In Virginia, there is no “legal separation” in the sense that there is no formal court order or document that signifies the couples’ separation. Instead the term separated as it [ Read More ]