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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: I was married 26 yrs and was not on the loan. I got ssi in 2020 . We sold house 2021. Earnings from sale affect ssi?
James L. Arrasmith
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answered on Mar 8, 2024

When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband lives in Philadelphia and served with divorce papers. I live in Virginia. He is retired military! I want ever

I want everything that is available to me. Do I have to get an attorney from Philadelphia

Jordan A. Fanney
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answered on Mar 8, 2024

I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Just got info of my husband’s infidelity. Can I confront him?

Pictures and videos from last years of our marriage. How do I handle this?

Karen  Ulmer
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answered on Mar 7, 2024

Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I am inquiring if my spouse filed for divorce, as I have not heard from or seen him in years.
Jordan A. Fanney
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answered on Mar 6, 2024

If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?

We are sleeping separately in different rooms.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 28, 2024

In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?

All child support/custody is settled as well. How can he force me to stay married while living with his mistress?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 20, 2024

A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I have been separated from my Wife FOR YEARS...I want a divorce and so does she.

We were married at the Warren County North Carolina Justice Of The Peace...How Do I Get Divorced in a another state that I no longer reside in

Jordan A. Fanney
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answered on Feb 18, 2024

You do not have to get divorced in the state you married in. If neither you nor your wife live in North Carolina, North Carolina may not be an option for you. Check your state's law to determine where you should file for divorce. In Virginia you typically file in the city or county where you... View More

1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I file for a divorce without my spouse in Virginia?

My spouse is trying to keep in a marriage against my will.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 16, 2024

A divorce can be obtained in Virginia without the mutual consent of the parties, provided the appropriate Circuit Court has jurisdiction. If a spouse wants to affect his or her spouse's property rights, the court must have personal jurisdiction over the defendant spouse, which requires some... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I'm a US citizen, but I got divorced in a foreign country. How do I get that recognized in Virginia?

The principles of comity (what I understand of it) were met (i.e. notice was given and the spouse filing for divorce had residency there).

What do I have to do to get that divorce registered here in Virginia where I live? Do I need to file something, get a foreign order registered, or do a... View More

Jordan A. Fanney
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answered on Dec 19, 2023

If a valid divorce is granted in a foreign country there generally is no requirement to have the order registered in Virginia. Virginia, under principles of comity as you have mentioned, generally recognizes foreign orders so long as they don't violate an important Virginia public policy.... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

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2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Virginia on
Q: Who can assist me with a quitclaim deed document?

I’m getting an uncontested divorce and under the terms of our agreement, refinance is scheduled to occur in a timeframe not to exceed 4 yrs. The loan is joint and so is the title. We have decided, I will stay in the house; can I change the title to my name via a quitclaim deed? Is it straight... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 15, 2023

Any attorney that practices in the area of real estate should be able to assist you. I have drafted many deeds being executed pursuant to a divorce or a settlement agreement. However, when both parties are on the title to the property, I have never used a "Quitclaim" deed, but instead I... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband and I were together but not married when we bought our home in 2010. Now married, am I entitled to equity?

Been married since 2012, and the house has been our family home since. He never added me to the deed or loan claiming I couldn't be on them because we weren't married. I have paid into the mortgage for several years and i have paid for upgrades, repairs and maintenance. Utilities are in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 8, 2023

Equitable distribution is a 3 step process in Virginia. First, the judge classifies all property as marital, separate, or hybrid - a mix of marital and separate. The judge also classifies debt as marital or separate. Second, the judge gives a valuation to all items of marital and hybrid... View More

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: I owned my before marriage. Is my spouse entitled to any equity accrued to the home. I reside in Virginia
T. Augustus Claus
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answered on Oct 26, 2023

In Virginia, property you owned before marriage is generally considered separate property, and your spouse may not have a legal claim to the equity accrued in the home. However, several factors can influence this, such as any changes in the property's character during the marriage,... View More

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2 Answers | Asked in Divorce and Family Law for Virginia on
Q: I owned my before marriage. Is my spouse entitled to any equity accrued to the home. I reside in Virginia
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 27, 2023

If the spouses are unable to agree on the division of marital property, a judge sitting in equitable distribution incident to a divorce can divide marital property and allocate marital debt. The first step for the judge is to classify all property as separate, marital, or hybrid - a combination of... View More

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2 Answers | Asked in Divorce and Family Law for Virginia on
Q: Who keeps the house in a divorce when the deed is in both names but the mortgage is in the husbands name?

We live in Locust Grove VA

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

The party to whom the home is awarded by the divorce court. The court can also order that the home be sold and can award the net proceeds to one spouse or can divide the net proceeds between the spouses. The court can also award the home to one spouse and order that spouse to pay the other a sum... View More

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2 Answers | Asked in Divorce and Family Law for Virginia on
Q: Who keeps the house in a divorce when the deed is in both names but the mortgage is in the husbands name?

We live in Locust Grove VA

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 5, 2023

A Virginia Circuit Court judge sitting in an equitable distribution hearing has several options with respect to jointly owned real property. The judge can order the conveyance to either party, permit either party to buy out the other and order the assumption of indebtedness, or order the sale of... View More

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2 Answers | Asked in Divorce and Family Law for Virginia on
Q: I filed for divorce and the judge said doesn't meet statutory requirements. Final decree has not been entered

final decree has not been entered due to an incomplete filing and has not been reviewed by chambers

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 3, 2023

Virginia Circuit Court judges use law clerks to review the uncontested divorce filings. The law clerks are typically relatively recent graduates of law schools, who work as clerks as their first job out of law school. They review the file before submitting it to a judge for his or her final... View More

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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can my spouse file for divorce & choose NOT to incorporate signed/notarized PSA?

My spouse & I have been separated for a year now, we have 1 minor child. We have a signed/notarized PSA and now my spouse wants to file for divorce now and not have the PSA included. The signed/notarized PSA states we sell the house and pay all outstanding bills with the equity. Spouse now... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 17, 2023

A spouse served with a Complaint for Divorce in Virginia has 21 days to file a responsive pleading. Typically, if the defendant spouse did not agree to the allegations in the Complaint, the responsive pleading would be an Answer and Counterclaim, starting a contested divorce case.

It is...
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