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When a Virginia lawyer signs a pleading, the lawyer certifies under Code § 8.01-271.1 that it is well-grounded in fact, warranted by existing law, and not filed for an improper purpose.  Therefore, a rule requiring mandatory disclosure whether AI was consulted is unnecessary. Regardless of the source, lawyers are responsible for every document they file.

The legal use of legal drugs, whether alcohol, cannabis, or prescription drugs, cannot be used as a negative factor in child visitation cases unless, a party can establish other facts that such possession or consumption is not in the best interests of the child.

Here are 5 big expectations in divorce that people commonly hold but cannot realistically be met under most U.S. family law systems.

The Supreme Court, in a 6-3 decision, granted the Trump administration’s request to partially stay nationwide injunctions issued by three federal district courts that blocked President Trump’s executive order on birthright citizenship. The order, signed on January 20, 2025, directed federal agencies to deny citizenship to children born in the U.S. to parents who are undocumented immigrants or on temporary visas.

If you have a case in Virginia Circuit Court, many Courts follow a practice called Term Day when setting trial dates. This inefficient practice requires lawyers for all civil cases ready for trial to go to the Courthouse and request a trial date, which could be weeks in the future of sometimes, years in the future depending upon the case. The history shows that it dates back to at least 1623, 402 years ago. Federal Courts, and some Circuit Courts no longer follow this system.  Colonial Roots and English Influence: Virginia’s judicial system, established under the Charter of 1606, drew heavily from English common law. Early courts, such as the Quarterly Courts (later County Courts), held sessions at fixed intervals to handle civil, criminal, and administrative matters. These periodic court sessions, or "terms," were necessary in a largely agrarian society where travel to courthouses was time-consuming and litigants needed predictable dates to appear. The Virginia House of Burgesses created an appellate court in 1623 that met quarterly, setting a precedent for structured court terms. This system ensured that cases were heard systematically, with designated times for parties to appear, akin to modern Term Day. In colonial Virginia, courts operated on a term system, where judges convened at specific intervals (e.g., quarterly or semi-annually) to clear dockets. This was practical for sparsely populated areas like Stafford County, where centralized court sessions minimized travel burdens.

In Virginia’s Juvenile and Domestic Relations (JDR) courts, the rules of evidence have long posed challenges for non-lawyers seeking justice. These rules, designed to ensure fairness by restricting what evidence can be presented, often frustrate those unfamiliar with legal processes. Among the most significant hurdles is the "Hearsay Rule," which frequently prevents out-of-court documents, such as medical records and bills, from being admitted as evidence unless someone, typically a professional, appears in court to authenticate them and answer questions. lawmakers introduced Section 16.1-345.2 and it was added to the Code of Virginia in 2023. This new statute allows medical records and bills to be admitted as evidence in JDR cases without the need for in-person authentication, provided certain conditions are met. Specifically, a party must provide the records and a written notice to the opposing party at least 30 days before the hearing. This notice gives the other side an opportunity to review the documents and raise objections if necessary, preserving fairness while eliminating the costly requirement of live testimony.

In the 2025 Virginia legislative session, a significant debate unfolded over the state’s divorce laws, specifically regarding post-separation adultery as a ground for divorce under Section 20-91 of the Virginia Code. This section outlines the grounds for divorce, including adultery, which remains a fault-based ground alongside others like cruelty, desertion, or felony conviction. Adultery, defined as a Class 4 misdemeanor under Virginia Code Section 18.2-365, carries weight in divorce proceedings, impacting spousal support, property distribution, and custody decisions. The Virginia Supreme Court’s ruling in Coe v. Coe which clarified that adultery committed after separation but before a final divorce decree remains a valid ground for divorce, reinforcing the state’s stance on marital fidelity until the marriage is legally dissolved. Governor Youngkin vetoed the bill.

  Divorce is among life's most stressful events, often ranking just below the death of a loved one on the Holmes-Rahe Stress Inventory, a scale measuring life events' psychological impact. With a stress score of 73 out of 100, divorce surpasses job loss or serious illness, reflecting its profoun...

In a divorce, obtaining a lawyer with experience who is knowledgeable about asset division, retirement accounts, and spousal and child support is vital to protect your income and assets. Whether you are the career working person, or a stay-at-home spouse, divorce affects incomes and assets, and must be obtained or protected.

Divorce laws were not changed in Virginia in 2025. Three bills passed the legislature but were vetoed by Governor Youngkin: (1) streamlining of property division, (2) allowing no-fault filings for divorce from "bed and board," and (3) removing post-separation adultery as grounds for divorce.

Understanding the implications of military retirement orders entered before divorce is finalized is crucial in ensuring a fair division of assets and protecting the rights and interests of both parties involved. The jurisdiction for dividing a military pension in a divorce is determined by federal law, with specific criteria that must be met. The "frozen benefit rule" introduced by the NDAA 17 has significant effects on the division of military retired pay. Seeking legal advice and assistance from professionals experienced in military divorce cases is highly recommended to navigate through the complexities and challenges that arise. By obtaining expert guidance tailored to their specific situations, individuals can ensure a smoother and more equitable divorce process.

A 2017 United States Supreme Court case, Howell v. Howell, generally prohibits any state court in Virginia or elsewhere from orordering a former military member to reimburse their ex-spouse if the ex-spouse's share of military retirement is reduced to allow the military member to claims veterans disability payments.

In most cases, both parents share custody after a divorce. There are some reasons a parent might want to seek sole custody for the benefit of the children. When two people in Virginia get divorced, there are numerous issues that often arise which can get contentious. One of the most potentially v...

Talking to their children about divorce may be challenging for parents, but there are things they can do to help gently break the news. According to the Centers for Disease Control and Prevention, Virginia's divorce rate as of 2011, the most recent year for which statistics were available, was 3....

Virginia residents getting divorced should understand the potential tax implications of various aspects of their divorce settlements. Couples in Virginia understand that loss is a part of getting divorced. The losses that can be experienced touch virtually every part of life from the emotional t...

On behalf of Wesley Wornom at Wesley D Wornom, PC It may be difficult to come up with the best parenting arrangement during a divorce, but custody should be considered for the children's best interests. When two people are getting a divorce, few disputes are as difficult and emotionally charged a...