June 23, 2022
No Fault: In a no fault divorce neither spouse has to prove that the other did wrongdoing, they just need to meet the mandatory separation period. For couples without minor children who have entered into separation agreements, this legal separation period is six months. For all other couples,...
June 23, 2022
Either the husband or wife must have been a resident of the Commonwealth of Virginia for six months prior to filing the complaint for divorce. Members of the armed forces who have been stationed in Virginia for a minimum of six months, or having resided in Virginia for six months prior to bei...
June 23, 2022
The finer points of custody can be confusing and it’s important to understand that there is a difference between legal and physical custody. Legal custody determines who can make legal decisions for a child. Issues such as education, medical decisions, and religion fall under the umbrella o...
June 23, 2022
Domestic violence is taken seriously under Virginia law. There are three levels of protection (emergency, preliminary and permanent) that fall under a Family Abuse Protective Order. Family abuse can be any action that is violent, forceful or threatening (including forced detention) and results...
June 23, 2022
In short, the answer is no. Circumstances do change, and if they change in a way that impacts custody and/or visitation, a parent may ask a court to review and modify a child’s visitation and custody.
June 23, 2022
Drafting and filing legal documents: When both parents agree upon all aspects regarding visitation and custody, the process of legal documentation can be done by an attorney without mediation or litigation. Mediation: Mediation is often a good option for parents to resolve their differences...
June 23, 2022
Like grandparents, Virginia law recognizes a step-parent’s right to continue a relationship with a child as a “person of legitimate interest”. Many factors are taken into account by the court when determining a step-parent’s rights, however, like grandparents, step-parents’ legal rig...
June 23, 2022
Once again, the court must determine what is in the best interest of the child with regards to grandparental visitation or custody. Virginia statute protects a child’s right to have a relationship with extended family members, even over the objection of the child’s parent(s). This does not...
