Fairfax, Va. Divorce Mediators Blog — Page 18

My Spouse Sleeps on the Couch in the Basement, Where He/She Belongs. Does that Count as a Separation in Virginia?

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To be granted a no-fault divorce in Virginia, a couple must be separated for 1 year (6 months if they have no minor children together and they’ve signed a comprehensive settlement agreement). What, though, constitutes “separate and apart,” under Virginia law?  Living in separate residences certainly counts.  However, what...

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Why the style of communication in the collaborative process can lower your divorce costs.

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Talks in divorce litigation tend to be something like the following: The wife speaks with her attorney.  The wife’s attorney speaks with the husband’s attorney.  The two attorneys speak. The husband’s attorney speaks with the husband.  The husband’s attorney speaks with the wife’s attorney.  Etc., etc. These communications could...

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Can the collaborative process be used in adultery cases?

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It depends on what you’re looking for. If your spouse cheated on you, and you would like for him or her to be punished in your divorce, the Collaborative Process is probably not for you.  In a traditional case, in Virginia and in other states that still have fault...

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Virginia Child Custody and Visitation: Mothers, Grandparents, and Stepparents

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This post is a second dose of common inquiries we hear about Virginia child custody and visitation law. ARE MOTHERS FAVORED BY VIRGINIA COURTS IN DETERMINING CHILD CUSTODY?   Answer: No. Years ago, Virginia followed the “tender years doctrine,” where there is a presumption that children should reside primarily with their...

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Jonathan Kales Named to Ten Leaders in Collaborative Divorce Law in Greater Washington, D.C.

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Jonathan Kales has been named to “Ten Leaders in Collaborative Divorce Law in Greater Washington District of Columbia” by The Ten Leaders Cooperative, along with colleagues with reputations as some of the best collaborative divorce lawyers in Northern Virginia, the District, and suburban Maryland. Jonathan’s Ten Leaders profile appears at https://tenleaders.com/law/collaborative-divorce-law/district-of-columbia/greater-washington/....

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