Your spouse tells you that she wants a divorce. This is not what you had ever imagined. Perhaps you are shocked, devastated, or a little bit angry. What do you do now? It was not supposed to be this way. Unfortunately, if your spouse does want a divorce, you can’t prevent her from ultimately obtaining one. Fortunately, there are ways of slowing down the process to ensure that your legal rights are protected.
If your spouse wants a divorce, you don’t have to do anything until she actually files and serves you with a Complaint for Divorce. Your spouse can threaten you with divorce, or present you with a marital settlement agreement demanding that you sign it, but you aren’t obligated to do or sign anything. Once you are served with a Complaint for Divorce in the Commonwealth of Virginia, you … Read More »
Family law encompasses many issues affecting families, including but not limited to divorce, child custody and visitation, child and spousal support, protective orders, pre/post-nuptial agreements and equitable distribution. With so much information on the internet, it may be difficult to get accurate answers about certain issues. Below, we debunk four common myths of family law in Virginia.
Myth #1: once a divorce is filed, the court cannot grant any relief until the end of the case.
This is false: circuit courts can grant temporary relief while a divorce suit is pending. Once a divorce suit is filed in circuit court, either party may file a motion for “pendente lite” (pending final resolution) relief. Pursuant to Virginia Code § 20-103, the court may then enter a pendente lite order:
to compel a spouse to pay monies necessary for the maintenance and support of the petitioning … Read More »
If you are in the process of getting a divorce or fighting for custody of your children in Fairfax County, you may need information from the opposing party concerning his or her assets, living situation, sources of income, etc. This is where the discovery process comes in. The discovery process is an evidence-gathering opportunity for you to gain information that you would not otherwise have on your own. There are two types of discovery: (1) informal discovery, where parties and their attorneys voluntarily exchange documents and information, and (2) formal discovery, where litigants extract information from each other through written discovery requests, which carry deadlines for response and may be enforced by court action.
The discovery process may vary according to the court in which you file. In the Juvenile and Domestic Relations Court you must request permission from the court … Read More »