What is Considered Abandonment in a Marriage in Virginia?

What is Considered Abandonment in a Marriage in Virginia?

Virginia is one of the states that still allow at-fault divorces. This means that a spouse can file for divorce based on certain grounds caused by the other spouse’s misconduct. One of these grounds is abandonment.  The state defines marital abandonment or willful desertion as the act of knowingly breaking off the marriage by leaving the marital home. The act …

Divorcing a Narcissist in Virginia

Divorcing a Narcissist in Virginia

Narcissistic Personality Disorder (NPD) is a psychological disorder which includes traits like a lack of empathy for others, an inflated sense of self, and a deep need for admiration and attention.  Divorcing is difficult enough, but a narcissist can make a difficult process even more contentious and troublesome.  This is because the narcissist will likely create more blame and problems …

How Do You Prove a Mother Unfit in Virginia?

How Do You Prove a Mother Unfit in Virginia?

Child custody is one of the most contentious issues in a divorce. In most cases, both parents would want to get custody of their child. However, when determining custody, the court will always base their decision on the child’s best interests.  Even when one parent is granted full custody, the other parent will most likely be given enough time to …

Can My Wife Get My VA Disability If We Divorce in Virginia?

Can My Wife Get My VA Disability If We Divorce in Virginia?

Veterans going through a divorce may be concerned about losing a portion of their disability pay to child support, alimony payments, and/or property division.  For any veteran who’s in the process of getting a divorce, hiring a knowledgeable and experienced military divorce lawyer is crucial. They will need help understanding what’s at stake, and to make sure assets are fairly …

will and estate planning visual

Why You Want An Attorney To Draft Your Will and Other Estate Documents

Let’s talk about estate planning. You’ve made the decision to get a Will drafted, or perhaps something in your situation has changed which now requires you to update your Will. You think maybe it’ll be easier to draft one on your own or maybe you should look online to have one filled in for you. We are living in an …

Do grandparents have legal rights to see their grandchildren in Virginia?

  My name is Nora Misenti. I’m an attorney here at Holcomb Law. And a question has been asked as to whether or not grandparents have rights to visitation with their grandchildren? There are no automatic grandparent’s visitation rights in Virginia. Grandparents are however persons with legitimate interest. What that means is a grandparent has a right to file a …

How To File For Divorce in Virginia

  We’ve been getting a lot of questions about how you can file for divorce and how you can start a divorce, and one thing that you really need to know and remember is that there’s a condition precedent before you can file for divorce that needs to be [inaudible 00:00:17]. One of you, meaning one spouse, needs to have …

Photo: How is Property Divided During a Virginia Divorce?

How is Property Divided During a Virginia Divorce?

  This is Nora Misenti, I’m an attorney at Holcomb Law, and a question’s been asked about how Virginia divides up marital property, what’s considered marital property, is Virginia a community property state. Virginia is not a community property state. That means that there’s no automatic 50/50 split when you’re getting divorced and you’re trying to figure out what to …