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  • Divorce is painful. No matter how prepared you think you are, it’s never just a legal separation—it’s an emotional one, a financial one, and often a deeply personal unraveling of the life you once built with someone.

    But some divorces go beyond heartbreak. They become battlegrounds.

    When your ex uses your children, your home, or even the court system as weapons against you, it can leave you feeling powerless, angry, and exhausted. You may find yourself not just trying to heal and move on, but defending your reputation, your rights, and your role as a parent.

    This is weaponized divorce. And if it’s happening to you, you’re not alone, and you’re not without options.

    What Is a Weaponized Divorce?

    Weaponized divorce isn’t a legal term, but anyone who's lived it knows exactly what it means.

    It’s when one partner uses the divorce process itself or elements within it as tools to control, punish, or manipulate the other person. This goes beyond high conflict. It’s often rooted in power, revenge, or even narcissism.

    Examples include:

    • Making false allegations to gain custody leverage
    • Dragging out court proceedings to drain financial resources
    • Using property as leverage to force unwanted agreements
    • Manipulating or alienating children from the other parent
    • Filing repeated motions to wear you down emotionally

    In short, the divorce stops being about ending a marriage and starts being about control, domination, and emotional damage. The legal system becomes a chessboard, and you become the opponent, not the partner.

    Common Manipulation Tactics: Using the Kids, the House, or the Courts

    If you’re asking yourself, “Is this really happening, or am I overreacting?” then you’re likely in the middle of something manipulative.

    Here’s what it can look like:

    Using the Kids as Weapons

    When a parent turns the children into pawns, the damage is deep and long-lasting. Here are some common tactics they might use:

    • Parental alienation. Your ex may tell your kids lies, withhold affection from them if they express love for you, or encourage them to reject you altogether.
    • Manipulating parenting time. They may violate custody orders, cancel visits, or “forget” to drop off the kids just to provoke a response.
    • Making false accusations. In extreme cases, they may claim abuse or neglect to gain sole custody or destroy your credibility.

    The goal isn’t co-parenting, it’s control. And it can make you feel like you're losing your children one emotional mile at a time.

    Weaponizing the Home

    Your house is more than just a piece of property—it’s your security, your routine, and your sense of stability.

    Your ex might:

    • Refuse to move out even after the separation
    • Block the sale of the home to force financial hardship
    • Hide or damage valuable belongings
    • Attempt to force you into giving up your claim to the house to end the fight

    These tactics are designed to wear you down so you’ll “just give in.”

    Abusing the Court System

    Some people turn legal filings into psychological warfare. They know how to push your buttons, and they’ll use the system to do it.

    This might look like:

    • Filing multiple motions with little merit to drain your time and money
    • Threatening litigation over small disagreements
    • Refusing to respond to court orders or dragging out mediation
    • Making you look like the unstable or unreasonable party

    The legal process becomes a tool not for resolution but for torment.

    Signs You’re Being Emotionally or Legally Abused During Divorce

    Recognizing what’s happening is the first step toward reclaiming your power. Abuse during divorce doesn’t always leave visible scars, but it leaves other types of damage, such as fatigue, confusion, fear, and isolation.

    Here are key red flags:

    • You constantly second-guess yourself. You’re not sure if what’s happening is “normal” or if you’re just too sensitive.
    • You feel anxious every time you get an email or legal notice. Communication is filled with threats, passive aggression, or baiting behavior.
    • You avoid standing up for yourself. You’re exhausted and feel like it’s easier to just give in than to keep fighting.
    • You’re afraid of what they’ll do next. Whether it’s using the kids against you or lying in court, you feel like you’re constantly bracing for impact.
    • Your life feels like it’s on pause. Your finances, your living situation, your role as a parent—all of it feels like it’s in limbo.

    If this sounds familiar, you’re likely in the middle of a weaponized divorce. And no, you’re not being dramatic. You’re reacting to a situation where someone else is playing dirty with the very things that matter most to you.

    Steps You Can Take to Protect Yourself and Your Rights

    You don’t have to play their game, but you do need a strategy. Here’s how you can start taking control back, one step at a time:

    1. Document Everything

    Keep detailed records. Emails, texts, missed visits, threats, legal documents—all of it matters. If they’re lying, manipulating, or violating agreements, documentation can be your best weapon in court.

    Use secure cloud storage and keep a timeline of events to help you and your attorney spot patterns.

    2. Don’t React, Respond

    Weaponized divorces are full of emotional traps. The goal is often to trigger you into blowing up or acting out so they can use it against you.

    Practice pausing. Don’t respond to inflammatory messages in the heat of the moment. When in doubt, have your attorney review communications before you reply.

    3. Set Clear Boundaries

    You can’t control their behavior, but you can control access. Use parenting apps that track communication. Communicate through attorneys when needed. Limit contact to only what’s required by court order.

    Boundaries aren’t cold, they’re essential.

    4. Protect the Children Emotionally

    Reassure your kids without pulling them into adult matters. Say things like:

    • “I love you no matter what.”
    • “You don’t have to pick sides.”
    • “It’s okay to love both of your parents.”

    Your goal is to give them a safe emotional space, something your ex likely isn’t providing.

    5. Take Care of Yourself

    Yes, easier said than done. But surviving a weaponized divorce means staying mentally strong.

    That might mean therapy. It might mean support groups. It might mean carving out 10 minutes a day just for peace and quiet.

    This process is a marathon. You’ll need fuel.

    How a Divorce Attorney Can Help You Fight Back and Regain Control

    You shouldn’t have to fight this alone.

    A divorce attorney doesn’t just understand family law—they understand the power dynamics that can make divorce feel more like psychological warfare than legal proceedings.

    The right lawyer from The Law Offices of Daniel J. Miller can:

    • File emergency motions to protect your children or assets
    • Call out manipulative patterns in front of the court
    • Secure protective orders if emotional abuse becomes harassment
    • Negotiate fair custody and property agreements that reflect your rights
    • Hold your ex accountable when they violate court orders

    Most importantly, we give you back something you may have lost: a sense of stability.

    When you work with us, you don’t have to explain why you’re afraid or frustrated. We already know. And we’re ready to act.

    If your divorce feels more like war than a legal process, it’s time to get help that's not only smart but also strategic, assertive, and emotionally intelligent. Reach out to us at (757) 267-4949 or fill out our online form to get started.

    Weaponized Divorce: What to Do When Your Ex Uses the Kids, the House, or the System Against You
  • Individuals and couples with a high net worth face unique challenges when divorcing. Substantial asset holdings are often more complex than average and may even feature international real estate or offshore accounts. Unlike standard divorce proceedings, high-asset divorces often take longer to resolve due to the complexity of assets involved and the potential for significant financial implications.

    High-asset individuals frequently face unique hurdles, such as:

    • Complex property division
    • Privacy concerns
    • Potential for financial disputes
    • Tax implications
    • Valuation of unique or difficult-to-assess assets

    Below, we discuss three significant aspects of divorce that high-net-worth couples should know about before they initiate a divorce.

    Understanding Separate vs. Marital Property

    In Virginia, property division during a divorce follows the equitable distribution model, which focuses on fair, though not necessarily equal, asset division. Property division settlements can be negotiated directly between parties with the assistance of their lawyers, through third-party mediation, or decided by a judge during litigation.

    Before a couple's property is divided, it must first be categorized. Assets are classed as either marital or separate. Marital property includes assets acquired during the marriage, while separate property refers to assets owned individually before the marriage or acquired via inheritance or gift specifically to one spouse.

    What About Hybrid Property?

    A particularly challenging area is the concept of hybrid or commingled property—assets that have characteristics of both marital and separate property. For instance, if a spouse owned a business before marriage but its value increased during the marriage due to joint efforts, the business might be considered hybrid property, and all or part of it may be subject to division during a divorce. This complexity requires careful evaluation to determine how such assets should be divided.

    Tips for preparing for property division when you have significant wealth include:

    • Document all your assets thoroughly and carefully
    • Keep detailed records, especially if assets are commingled
    • Seek the advice of financial advisors and forensic accountants if necessary
    • Be proactive about understanding the valuation process for various assets, especially those that may be unique or difficult to appraise
    • Obtain appraisals from qualified professionals
    • Consult with a tax advisor to get help in understanding the long-term financial impact of property division decisions

    Protecting Your Privacy & Confidentiality

    High-asset divorces often involve sensitive financial information that can become public through court filings and proceedings. This exposure can be detrimental, potentially affecting personal and professional reputations. Therefore, safeguarding privacy is a top priority.

    Legal strategies to ensure confidentiality include opting for mediation or arbitration instead of litigation. These alternative dispute resolution methods offer a more private setting and can prevent sensitive details from becoming public.

    Prepare for a Longer-Than-Average Process

    High-asset divorces often involve intricate financial issues that require expert analysis. Financial professionals such as forensic accountants and business valuators frequently play critical roles in these cases. Consequently, the divorce process for many high-asset individuals can take longer than usual.

    While the average divorce in Virginia is three to six months, a high-asset divorce can take up to a year (or, in some cases, longer).

    Issues such as tax obligations, hidden assets, or offshore accounts can significantly complicate divorce proceedings. Addressing these challenges requires strategic planning and professional advice.

    If you are facing a high-asset divorce, reach out to our law firm to schedule a consultation with one of our experienced divorce attorneys. We are here to guide you through the divorce process and help you understand how Virginia's divorce laws may impact your case.

    Three Things to Know About High-Asset Divorces in Virginia
  • What You Need to Know in Virginia

    In today's rapidly evolving financial landscape, cryptocurrency has become a significant asset category. Its growing prevalence poses unique challenges in various legal contexts, including divorce proceedings. As more couples encounter the complexities of dividing digital assets like cryptocurrency, understanding how these assets should be handled becomes paramount.

    Keep reading to learn more about how to approach the division of cryptocurrency during a divorce.

    Understanding Cryptocurrency as a Marital Asset

    Cryptocurrency (or "crypto") is a digital or virtual currency that relies on cryptography for security. Part of the appeal of cryptocurrency is that it is incredibly secure and difficult to counterfeit. Many people see crypto as the future.

    However, unlike traditional assets, it operates on a decentralized platform, often providing users with a degree of anonymity. This decentralized nature, combined with the challenges of valuation, sets cryptocurrency apart from conventional financial assets when going through a divorce.

    Equitable Distribution in VA

    In Virginia, the law treats cryptocurrency like any other marital property subject to division upon divorce. Under Virginia's equitable distribution law, the court aims to divide marital assets fairly but not necessarily equally. Part of this process is identifying which property is marital (jointly owned) and which is separate (individually owned and not subject to division).

    Marital property includes assets acquired during the marriage, while separate property refers to those owned before marriage or acquired by gift or inheritance. Hybrid assets, commingled between marital and separate holdings, may also be involved.

    Factors the court may consider when dividing property in a divorce include:

    • The monetary and non-monetary contributions of each spouse to the marital property.
    • The duration of the marriage, which can impact the valuation of assets and the division process.
    • The age and health of both spouses, as these factors can affect future income and needs.
    • The standard of living established during the marriage, which may influence asset division to maintain a similar lifestyle post-divorce.
    • The assets and liabilities of each spouse, including debts, which must be accounted for in the division.
    • Any specific agreements between the spouses prior to divorce, such as prenuptial agreements, that outline property distribution.

    Dividing Cryptocurrency in a Virginia Divorce

    Virginia courts approach the division of cryptocurrency by considering several factors within the framework of equitable distribution. The courts may decide to split the assets between parties, assign a value to the cryptocurrency and compensate with other assets, or use a combination of these approaches.

    Accurate documentation of cryptocurrency transactions and holdings is vital. This transparency helps present a clear financial picture to the court, facilitating a fair division process.

    The Challenge of Valuing Cryptocurrency

    Valuing cryptocurrency presents its own set of challenges due to its volatile nature and fluctuating market conditions. An asset’s value can change dramatically within short timeframes, complicating the division process. Thus, an expert valuation is often necessary to ensure an accurate assessment of the holdings at the time of divorce proceedings.

    Hidden Cryptocurrency & Legal Remedies

    When a spouse attempts to hide cryptocurrency assets, it complicates divorce proceedings. Employing strategies such as thorough financial investigations can mitigate this risk. Failure to disclose such assets can lead to serious consequences, as hiding assets constitutes fraud.

    Identifying cryptocurrency holdings can be daunting. If you suspect your spouse owns cryptocurrency, look for common indicators, such as unexplained wealth or transactions. Legal discovery tools like subpoenas or hiring forensic accountants may also be helpful in uncovering hidden digital assets.

    Legal remedies for divorce fraud can vary; if you suspect your spouse is hiding cryptocurrency assets, you're encouraged to consult with an experienced attorney to understand the specific options available.

    The Importance of Legal Representation

    Protecting your financial interests in divorce proceedings is critical, particularly when significant digital assets are involved. The complexities surrounding cryptocurrency can make achieving a swift divorce settlement challenging. A family law attorney well-versed in digital assets (like ours at The Law Offices of Daniel J. Miller) can be an invaluable asset during this process.

    We invite you to schedule a consultation with us today to explore how we can assist you in this challenging process.

    Cryptocurrency & Divorce
  • We are thrilled to announce that thanks to your incredible support and votes, we have won the Silver Place in Best Family Law Firm Southside Coastal Virginia Reader's Choice, published in July/August 2024 issue. This recognition means the world to us and serves as a testament to our commitment to excellence.

    We extend our heartfelt gratitude to each and every one of you who took the time to vote and support us. Your loyalty and trust inspire us every day.

    Here's to many more successes together!

    Click here to view the full publication: Coastal Virginia Magazine

    Best Family Law Firm
  • In a divorce, a couple will have to divide assets, debts, and property, and decide who should keep items of personal property. In court, all property in Virginia is categorized so that it can be assessed throughout the distribution process. Every object in an estate is typically categorized as separate, marital, or hybrid, and the court evaluates the property according to the respective spouses’ past ownership or contributions to the marriage. You can better comprehend divorce procedures by being aware of Virginia’s property laws and the way the courts see the marriage itself in regard to the property.

    Which Things Are Considered Personal Property?

    In the course of a marriage, a couple often combine their premarital possessions and gains personal property together. As a result, a couple must frequently treat the following as personal property when dividing this property through an agreement or legal process:

    1. Vehicles. Automobiles, trucks, boats, motorbikes, trailers, off-road vehicles and other “toys” fall under this category.
    2. Furniture, Electronics, and Household Goods. These are examples of personal property that should be contemplated in any division of assets.
    3. Exquisite Collections. This applies to any collection of items, such as wine, currency, artwork, or antiques. This comprises unique items that were presented as gifts to both spouses, possibly as part of an anniversary or wedding celebration. Gifts can be a tricky category, and depending on the circumstances, may or may not fall under the category of marital property.

    The Classification of Personal Property by Virginia Courts

    Because Virginia is a “equitable distribution” state, a court will distribute property according to its interpretation of what is fair, which may or may not be equal. In other words, Virginia is not a “50/50” state. Property is therefore not always divided equally. In determining equitable distribution, a court takes into account the circumstances surrounding the acquisition of the property. Property will often be categorized by Virginia courts into one of three broad groups:

    1. Separate Property

    This can be defined as property acquired before the marriage or after the date of separation. A retirement account will probably be considered separate property if one spouse, for instance, had the account before to the marriage and did not make contributions to that account during the marriage. Courts cannot divide property that is not separate.

    1. Marital Property

    Both spouses acquire marital property together over the course of their marriage. For example, a house bought during the marriage will probably be classified as marital property regardless of whether the title is in one or both names. The court may decide how to split property that is mandated to be shared fairly.

    What About Pets As Marital Property?

    There isn’t much to argue about if you purchased your dog or cat before getting married; you are the pet’s original owner and may take it with you. Your spouse has no rights to your pet since it is not marital property. However, it is possible one party may take issue with a large amount of money that was spent on the pet during the marriage, such as surgery, which can be taken into account by a court. But like other marital property, like as the house, bank accounts, pensions, retirement accounts, and automobiles, if the pet was bought or otherwise obtained during the marriage, it is regarded as marital property and is subject to equitable (fair) division. Virginia is not one of the states that treats pets like children, like California and Illinois, where a court can grant custody of a pet to one of the parties.

    1. Hybrid Property

    Acquiring hybrid property requires using both individual and married finances. For instance, if one spouse owned a car alone prior to marriage but her partner made non-financial or financial contributions to its upkeep and care throughout the marriage, the court may consider the car to be hybrid property.

    We can help you with deciding how your property is divided.

    At the Law Offices of Daniel J Miller, we recognize that separating personal property after a divorce can be a complex and often an emotional procedure. If you have any questions, our experienced team of divorce attorneys is available to provide you with reliable legal assistance. To discuss your case in more detail, contact us here.

    Separating Marital Property: What You Can and Should Fight For!
  • Many divorcing couples in Virginia grapple with the question of whether evidence of infidelity will affect the outcome of a divorce case. Even if you are planning to move forward with a no-fault divorce process, you or your former spouse may have questions about whether documented incidents of adultery will impact the legal process.

    Understanding the legal implications of adultery in a Virginia divorce can help you manage your expectations as you enter divorce proceedings. Keep reading to learn whether adultery is considered when making important divorce settlement decisions, like property division or alimony.

    Adultery & Fault vs. No-Fault Divorce in Virginia

    Virginia law recognizes two types of divorce: no-fault and fault-based. A no-fault divorce may be granted without the need to prove wrongdoing by either party, often attributed to irreconcilable differences leading to a breakdown in the marriage. In these cases, it is unlikely that any past infidelity will have any bearing on the divorce proceedings.

    On the other hand, a fault-based divorce requires the petitioner to prove that their spouse's misconduct led to the demise of the marriage. Under § 20-91 of the Virginia Code, adultery is explicitly listed as grounds for a fault divorce. Therefore, you or your soon-to-be ex-spouse may cite it as grounds for a divorce if you plan to go the fault-based route.

    When Adultery Cannot Be Used as Grounds

    Notably, under § 20-94, certain conditions are outlined whereby a claim of adultery might not be sufficient grounds for divorce. These include scenarios where the couple has voluntarily cohabited after the knowledge of adultery or if the infidelity occurred more than five years before the couple filed for divorce. Additionally, it cannot be used as grounds for divorce if it "was committed by the procurement or connivance of the party alleging such act."

    Is Adultery a Crime in Virginia?

    Interestingly, adultery is not only grounds for divorce but is also classified as a crime within the state. Specifically, § 18.2-365 of the Virginia Code decrees adultery as a Class 4 misdemeanor. Though this classification underscores the seriousness with which Virginia law regards marital fidelity, many see this as a relic of the past. Criminal charges for adultery are infrequently pursued in contemporary legal practices.

    Impact of Adultery on Divorce Outcomes

    Recognizing adultery as grounds for divorce inherently acknowledges its potential to impact divorce settlements. Should one party file for divorce citing adultery, or if adultery is proven in court, it can notably influence the division of marital property.

    Virginia courts may consider the circumstances of adultery when determining how to divide assets between spouses equitably. While this does not mean the "innocent" spouse will automatically receive all or most of the assets, the presence of adultery could lead to a more favorable settlement for them, depending on the specifics of the case.

    Adultery in Context with Dissipation of Marital Assets

    When examining claims of adultery in divorce proceedings, it's crucial to consider how these allegations may interact with claims of dissipation of marital assets. Dissipation occurs when one spouse uses marital funds or assets for purposes unrelated to the marriage, especially in a manner that benefits them individually or in a way that is intentionally at the expense of the other spouse.

    If adultery is proven, courts may scrutinize whether the adulterous spouse spent marital assets on their affair, such as gifts, trips, or housing for their affair partner.

    Virginia courts are empowered to consider both the act of adultery and the financial implications of that behavior when making equitable distribution decisions. If it is determined that marital assets were indeed dissipated as part of adulterous activities, this could lead to adjustments in the division of property that serve to compensate the other party for what would have been their share of the wasted assets.

    Effects on Alimony/Spousal Support

    Equally important to consider is how evidence of infidelity might affect alimony or spousal support decisions. In Virginia, courts have discretion in awarding spousal support and can take into account the circumstances leading to the dissolution of the marriage, including adultery.

    If a court finds that infidelity had a significant role in the breakdown of the marriage, this could result in a reduction or elimination of the amount of spousal support awarded to the unfaithful spouse. It is vital, however, to remember that each case is unique, and outcomes can vary greatly depending on the facts and evidence presented.

    If you are going through a divorce and believe that infidelity may affect your case, reach out to our law firm for guidance. The divorce lawyers at The Law Offices of Daniel J. Miller are here to help.

    Will Evidence of Infidelity Impact My Divorce Case?
  • The end of a marriage is often fraught with emotional and legal complexities—even when both parties agree it's the right step forward. In Virginia, an uncontested divorce can seem like a straightforward process, but it involves specific legal requirements and decisions that will have a lasting impact on your life.

    We understand that contacting an attorney may feel daunting, but your best interests are at stake. Even when you think you and your soon-to-be ex are on the same page, having a legal professional review your divorce settlement is generally worthwhile. Keep reading to find out why.

    Uncontested vs. Contested Divorce

    In Virginia, a divorce can either be uncontested or contested. Regardless of whether a divorce is contested or uncontested, it remains a legal proceeding with far-reaching consequences that can affect your financial stability, living arrangements, and familial relationships for years to come.

    An uncontested divorce occurs when both spouses agree on all key issues, such as child custody, asset division, and spousal support. This mutual agreement eliminates the need for court intervention to resolve disputes, potentially resulting in a quicker and less costly legal process.

    Conversely, a contested divorce is one where the spouses disagree on one or more critical matters, requiring negotiation, mediation, or a court trial for resolution. Given its complexity, having legal representation in a contested divorce is often considered essential.

    Virginia's Legal Requirements for Divorce

    Virginia upholds specific prerequisites for couples seeking a divorce. Firstly, to file for divorce, at least one spouse must have been a legal resident of Virginia for at least six months before the divorce filing.

    Secondly, the state mandates that couples live separately for a certain duration before filing for a no-fault divorce—typically six months without minor children and one year if the couple has minor children. Separation means living apart without cohabitation and any interruption in such an arrangement.

    If you and your former partner meet these requirements, you can proceed with filing for your divorce in Virginia.

    Do You Need a Lawyer?

    While Virginia law does not demand you have legal representation to obtain a divorce, the court system and legal professionals alike strongly recommend that individuals seek guidance from an experienced divorce attorney. Even in an uncontested divorce scenario, legal representation can be critical.

    Working with an attorney has many benefits, including:

    • Protecting your best interests: Without an attorney, you risk inadvertently waiving important legal rights, such as custody or property rights. Your lawyer can provide insight into Virginia divorce and family law, helping you confidently make informed decisions.
    • More equitable settlements: Lawyers can help review the terms of settlement agreements for fairness and sustainability. Without legal guidance, you may agree to terms that seem equitable now but are detrimental in the long term.
    • Help with legal paperwork: The divorce process involves extensive paperwork and documentation that must be completed accurately and filed in accordance with strict court rules. Mistakes can lead to delays or legal issues.
    • Advocacy during negotiation and disputes: If disagreements arise during the divorce proceedings, a lawyer skilled in negotiation, like ours at The Law Offices of Daniel J. Miller, can help find solutions, potentially sparing you from court intervention.

    A Single Consultation Can Make a Difference

    While it's true that uncontested divorces are more straightforward than contested ones, they still have the power to shape your future. Consulting with an attorney does not necessarily mean you are gearing up for a legal battle; it is a measure to safeguard your future.

    At The Law Offices of Daniel J. Miller, our approach is compassionate and professional, always aimed at reducing the strain divorce proceedings can exert on an individual. We encourage anyone going through this transition to consider reaching out to our lawyer for legal counsel.

    Contact us online to explore how we can assist you during this pivotal life event.

    Do You Need a Lawyer for an Uncontested Divorce in Virginia?
  • Divorce can be an incredibly challenging period. Navigating the legal landscape and managing your emotions can be a lot to handle. During this time, it is important to address situations where one spouse feels threatened or unsafe, and a restraining order may become necessary. Additionally, there are cases where an individual may seek a restraining order prior to filing for divorce.

    If you or someone you know is in an emergency situation, please reach out to the National Domestic Violence Hotline at 800-799-7233. You can also text START to 88788 for assistance. Your safety and well-being are of utmost importance.

    What Is a Restraining Order?

    A restraining order, also referred to as a protective order, is a legal order issued by a magistrate or judge with the intention of safeguarding the well-being and safety of an individual who has been subjected to abuse, as well as their family or household members.

    Who Can Get a Protective Order?

    You may seek a protective order if you meet any of the following criteria:

    • You are an adult or minor victim of domestic violence, as legally defined. This violence may be committed by a family or household member, a relative of your spouse, someone with whom you live, or someone with whom you share a child.
    • You are filing on behalf of your minor child or an adult family/household member who is physically or mentally incapacitated and unable to file on their own.
    • You have reported or witnessed an act of domestic violence resulting in abuse, threats, harassment, or other forms of intimidation directed towards you.

    Types of Protective Orders

    There are several types of protective orders that vary in duration and scope. The person who files for a protective order is the "petitioner," and the individual against whom the protective order is filed is the "respondent."

    Types of protective orders include:

    • Emergency Protective Order (EPO): An EPO is a short-term order that is usually issued by the court immediately after an incident of abuse. It typically lasts for three days or until the next court date.
    • Preliminary Protective Order (PPO): A PPO is a medium-term order that provides protection for a longer period of time, typically up to 15 days or until the final Protective Order hearing. It can be issued without the respondent being present in court.
    • Permanent Protective Order (PO): A permanent protective order can last for up to two years. This type of protective order requires a court hearing where both parties can present their evidence.

    How a Protective Order Can Affect Divorce

    A restraining order can have a significant impact on the divorce process in multiple ways. However, it is crucial to remember that your safety should always be the top priority.

    Ways a protective order can impact divorce proceedings:

    • Negotiation Challenges: In divorce situations, spouses are encouraged to negotiate on matters such as child custody and spousal support. However, domestic violence cases may require alternative solutions.
    • Restrained Interactions: When a domestic violence restraining order is in effect, the spouses may be prohibited from being near each other, complicating divorce settlement negotiations.

    Although a protective order can present unique challenges in a divorce, it does not make divorce impossible. By seeking the guidance of a knowledgeable attorney well-versed in both protective orders and divorce proceedings, you can effectively navigate through this complex process.

    Get in Touch with Our Team

    If you or someone you know is going through a divorce and needs assistance with a protective order, get in touch with our team at The Law Offices of Daniel J. Miller. Our experienced attorneys can help you understand your rights and navigate the legal process with compassion.

    Contact our firm today at (757) 267-4949 or send us a message online.

    How Does a Restraining Order Affect a Divorce?
  • Contemplating divorce is hard; going through it with a narcissistic soon-to-be ex is another battle. In addition to the stress of a relationship breaking up and changing family dynamics, divorcing a narcissistic person would mean dealing with blackmail, violence, manipulation, and unreasonableness. These narcissistic traits generally lead to a longer divorce process and significant financial burdens for the divorcing couple. In these difficult circumstances, a person seeking a divorce must be prepared to keep their and their loved ones safe and have relevant documents available to support their divorce petition.

    Some of the essential things a person anticipating a contentious divorce with a narcissistic partner keep the following in mind:

    Gather Financial Information

    A significant aspect of a divorce is the couple’s financials. Financial information is vital to any divorce as it may affect alimony, child support, or the division of assets. A narcissistic spouse could lie, withhold, or manipulate financial information about marriage. To alleviate this risk, it is critical for a person contemplating divorce to get this information as soon as possible.

    Financial information may include but is not limited to bank records, investment records, debt, income, and a list of properties.

    Collect and Organize Personal Documents

    In addition to the financial information, a person with a narcissistic spouse should have their documents handy or set aside at a safe location. This is critical as a problematic situation may arise where a person may have to flee the shared home unexpectedly, or they may be locked out of collecting their belongings and should have certain documents handy or set aside at a different location. Although replacing personal records is possible, it usually takes significant time and effort. Moreover, these documents are generally used for filing a divorce, incident reports, and everyday living.

    These critical personal documents may include but are not limited to passports, birth certificates, marriage certificates, and identification cards.

    Keep Detailed Notes of Important Conversations and Encounters

    Narcissistic people tend to lie and manipulate the situation to serve their purpose. It is best to keep emails, letters, or detailed notes of conversations, interactions, or conditions documenting what happened to combat issues during the divorce process. This information may be valuable during the divorce when the narcissistic spouse attempts to manipulate the situation or recollection of an encounter.

    Have a Safety Plan For You and Your Loved Ones

    Narcissistic people tend to use violence if they do not get their way. During this tense time, the safety of the person initiating the divorce or the children may be threatened. A person must have a safety plan to ensure their safety and sanity during this severe event. Having a safety plan may mean they have a person who could protect them or a place where they can seek shelter while they plan or go through the divorce process. Such a safe place can be a local shelter, family member, or a trusted friend.

    A thorough safety plan also includes having cash set aside. This is particularly important, especially if a person has to leave the premises immediately or would have unable to access the couple’s home or bank. By having some cash at hand, a person can safely seek shelter or facilitate a safe way to live away from a narcissistic spouse.

    The Law Offices of Daniel J. Miller is committed to defending the rights and interests during the divorce process. Our well-experienced attorneys have successfully handled numerous contentious divorces on behalf of our clients. Most importantly, our lawyers are prepared and dedicated to guiding our clients through stressful divorces with narcissistic spouses.

    Divorcing a Narcissist