You’ve taken the first step towards getting some answers and help on your matter and you have set an appointment for an initial consultation. You’ve filled out the information the firm has requested, but is there anything else you can do to be ready for your meeting with the attorney? What will help you get the most out of your …
Grounds for Divorce in VA
Virginia is one of the few U.S. states that still permit “fault” divorces. A “fault” divorce is based on bad behavior; one spouse must claim that the other was “at fault” for the divorce due to misconduct that resulted in the marriage’s breakdown. Fault Divorce in Virginia In Virginia, the most commonly used grounds for a fault-based divorce are: Adultery …
Changes to Virginia Divorce Law in 2021
The Virginia General Assembly usually passes new legislation concerning family law issues on July 1st of each year. Some new laws are only clarifications of existing laws, while others bring about major changes. In 2021, the Virginia General Assembly made substantial changes to Virginia Code § 20-106, which governs the standards for a divorce based on no-fault grounds. Corroborating Witness …
Holcomb Article on The Smoke Signal
A local publication published an article by Wayne Holcomb where he shares his story, and the vision he had to create Holcomb Law and Holcomb Mediation Centers to be something truly different in the industry. (Click image to expand) Download the PDF
Is Virginia a No-Fault Divorce State?
Yes, Virginia is a state that allows for no-fault divorce. This implies you can divorce without stating your spouse did something to irreparably harm the marriage. This procedure, often known as an “uncontested divorce,” allows a couple to dissolve their marriage in a more timely and cost-effective way. Two Types of Divorce in Virginia There are two types of divorce …
How to Prove Adultery in Virginia
Adultery is defined under Virginia law as “sexual intercourse by a married individual with any person who is not their spouse.” Under Virginia Code 20-91, adultery is a fault-based reason for divorce. Unlike other grounds for divorce, there is no waiting time before filing on the basis of adultery. Adultery is difficult to establish, but if proven, it can have …
Dividing 401(k) and Pension Accounts in a Virginia Divorce
Retirement 401(k) and pension accounts are some of the most critical assets acquired by married couples. In a divorce, the parties may need to divide these assets, even if they are only in the name of one spouse. While retirement accounts are generally considered marital property, issues can sometimes develop about how to divide them. Dividing 401(k) Virginia views 401(k) …
What Happens When a Spouse Hides Money During a Divorce in Virginia?
As part of the financial disclosure process in a Virginia divorce, each spouse is required by law to disclose all assets, income, expenses, and debt to be equitably divided, and to determine alimony and child support. There is a violation of fiduciary duties if a spouse deliberately conceals the value of their assets because the disclosure requirement has not been …
Bitcoin in a Virginia Divorce
Financial disputes are not uncommon in a divorce, but matters involving Bitcoin and other types of cryptocurrency can be complicated. Legally it can seem challenging to understand what happens with Bitcoin in a divorce because it was created to be something that was untraceable and easily hidden. Fortunately, it has evolved into something that can be traced when necessary. The …
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 …