Are You a Northern Virginia Woman Thinking About Divorce?
If you're a northern Virginia woman contemplating divorce you probably have a lot of questions. With the help of my friend Virginia divorce attorney Charlie Hofheimer I have outlined some frequently asked questions addressed in Charlie's book What Every Virginia Woman Should Know About Divorce.
How do I get him out of the house?
It's not easy getting your husband out of the house. Without any evidence pointing towards physical threat on his part, you won't be entitled to a protective order and a judge won't kick him out of your home. Grounds for abuse must be first established before any court can take action against your husband. If he won't leave, you have no choice but to live with him for the meantime. He may also be trying to force you out of the house; but before you do so, it's better to discuss this matter with your lawyer first as it is important when and how you would leave.
Can we be separated while living under the same roof?
To answer this question in a word - no. Being separated means one of the parties no longer wants the marriage and has left the marital home. There are some exceptions to this law in some areas though. An in-home separation is possible in various states, but taking this option carries some risks which may thwart your plans for divorce.
Who should file first?
Filing first is encouraged, especially if you seek temporary support, custody, exclusive possession of the marital home, and other relief. Filling first gives you the opportunity to be the first one to be heard by the judges; thus having the first shot at swaying them towards your side. Doing so also enables you to have the last word in temporary support and custody hearings. Being the last one heard is valuable if to get the judges on your side.
Ben Glass Recommends: Virginia Divorce attorney Charlie Hofheimer has written the definitive guide for women in Virginia who may be contemplating (or who are already in a) divorce: What Every Virginia Woman Should Know About Divorce . Ben Glass recommends that you get this book before hiring and attorney.
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