Virginia Divorce Frequently Asked Questions

Yes, but it would not be wise. You may be found liable for the cost of replacing those items. Moreover, such behavior may motivate negative by your spouse, place you in a negative light in the judge’s eyes, and/or increase your attorney’s fees.

No. If you receive any mail addressed solely to your spouse, it should be forwarded to him/her by you or through your attorney. It is improper (and may be illegal) for you to open your spouse’s password protected email communications.

Unless there has been violence or a serious threat of violence in the relationship, a judge may be hesitant to exclude either spouse from the home without a hearing. After a hearing, however, the judge may order that one party have exclusive use and possession of the residence pending a final disposition of the property.

In addition to using the discovery process to gather information from your spouse, your attorney can issue subpoenas and gather information directly from third-parties such as employers and financial institutions. Additionally, investigators and experts may be employed to gather and analyze other information. For example, forensic accountants and computer forensics experts are two common experts employed in divorce matters.

It depends. In most cases you will have to provide your spouse with at least thirty (30) days prior notice of your move. If your spouse objects to you relocating with the child, a hearing may be held to determine whether the relocation would be in the child’s best interests.