I know in VA, a legal separation agreement is not always (or ever?) necessary. But we are separating under the same roof which I realize complicates things. We started this beginning of August, and have done everything on the "separation list" that we found in our research (separate... Read more »
answered on Nov 17, 2022
You do not need a Separation Agreement document to establish your date of separation. That date will be stated in such an Agreemenet though. Your spouse cannot refuse to sign a Separation Agreement to forever delay your separation period for example. Your date of separation is largely up to you... Read more »
Hello, I would appreciate some professional advice if possible. My spouse and I have been married for about 6 years and we are thinking about getting a divorce. Both of us work, but he makes significantly more money than me. We currently have a joint savings account and no debt. My husband also has... Read more »
answered on Aug 15, 2021
A joint savings account is presumably a marital asset and as such is divisible in a divorce proceeding. It does not matter who "made the money." That would apply only to money made during the marriage, probably not that which was in the account at time of marriage. The other questions... Read more »
Can I file an amendment myself in Bedford County, by typing the amendment and having us both sign it and having it notarized?
Would I then just take it to the court to be filed and pay court costs?
answered on Mar 10, 2021
Unfortunately, probably not. There is a procedure that one must follow involving a Motion to Amend, but sometimes before that, we lawyers might have to file something to get the matter "before the court" A court cannot rule on something that's not rightfully in its view--even a... Read more »
answered on May 17, 2019
Very unusual and interesting question. The answer is yes, and we have worked through one of these before here in my firm. Would take too long to outline the process on this site. Contact a good family law firm, and they will be able to help. My best to you.
Judge says i did not properly serve the complaint on the defendant.
answered on May 7, 2019
If you have verification that the Complaint was served by the Sheriff, it is possible that the certificate of service from the Sheriff did not make it to the Judge's file? Or was there question about the address? There is also a general requirement to follow posted service with a mailing.... Read more »
Neither party reside in the current state, one lives here, the other in Fl. Would both parties agree to move the case or can the court make that determination?
answered on Jan 25, 2019
Certainly if you agree, you can dismiss your divorce suit in another state and, in essence, move it to Virginia--to file after you have lived here for at least 6 months. Even if you both do not agree, in some cases, the party that started the suit, can dismiss it there and refile here in VA. The... Read more »
the one year date is approaching. do i need to do anything? can i just stop paying or do i need to go back to court to cease payments?
answered on Nov 26, 2018
In short, no you cannot stop paying without a Court's involvement and a new Order. This existing Order remains in effect until a Court enters a contrary Order. You will likely have to prove that she is living with someone else for more than a year however, and at times, that's not as... Read more »
I live in Colonial Heights, Virginia. My estranged husband is somewhere in California. He was recently released from prison there according to family. Since I don't know where he is, what are my options?
answered on Nov 19, 2018
You will have to give him notice of the divorce filing of course. If we can find him, all the better, but if not, we can provide notice to him by what is called "Publication." That is an established procedure for exactly your type of situation. It involves publications out in California... Read more »
answered on Sep 15, 2018
While you are incarcerated, you can always work through family or friends to hire Counsel so that your rights and interests are protected even though you are not able to personally go to your lawyer's office. This is the best plan; your lawyer will come to you. If you are unable to do that... Read more »
Me my wife and son came to visit her family in Tennessee. While here she confessed she was talking to another man in Alabama. After getting in a argument about it she called this man and got him to pick her up. She left me and my son in Tennessee with her family with no car and barely any money... Read more »
answered on Sep 14, 2018
You will need to talk to a North Carolina family law attorney to get this done, and I advise you do that quickly as time often matters in this type of determination. Our best to you.
I am a stay at home wife. I am enrolled in college online and my husband works to support us. My name is not on the checking account, but he lets me keep the debit card and get money out whenever I need it. He has become verbally abusive since I quit working. Although he told me he wanted me to... Read more »
answered on Aug 30, 2018
Given your facts, it is my opinion, yes, you can withdraw 50 percent of the account if you feel you must leave. There is certainly no criminal activity in your intent; you have actually told him your intent. My sincere advice is to get with a local family law attorney soonest. Often time really... Read more »
Today, my attorney informed me that we have an 8/3 court date, at which time he will ask to withdraw from my case because he’s closing his practice. What am I supposed to do now? $6000 paid in legal fees. I’m broke. I received one Pendante Lite hearing that resulted in low temporary spousal... Read more »
answered on Jul 18, 2018
Good morning. We are sorry to hear what you are going through. Please give our office a call at 757-656-1000 and Tracy will discuss scheduling an appointment for you to meet with one of our attorneys. Holcomb Law, P.C.
husband and I married 25 years..separated 18 months with no legal separation or divorce documents in place. He has given his mistress/girlfriend money to buy the home they are now living in, in NC. I live in VA in the home he bought when we were still living together as husband and wife..13 years... Read more »
answered on Jul 10, 2018
Well, he can I suppose, but he's using marital money to do it, and he'll have to account for your portion of that money at some point in your divorce. In theory, I suppose you are now part owner of this new house. The loss of the marital home you live in is also a problem; the court... Read more »
answered on Jun 12, 2018
In short, yes. But is no one's contesting equitable distribution, why not just wrap it up at the same time? I am assuming that a hearing will not be necessary for the distribution, so it's not difficult for your Counsel to deal with both at the same time. I say all this without... Read more »
He has wanted me to live with him for a while, i have a better relationship with him than my mom and step-dad. Those 2 abuse//hit me when there mad at me.
answered on May 20, 2018
Hello. We would need to talk to your father I suppose. This is probably your only option right now. Hang in there.
I reside in Virginia. For about a year now, my ex-husband’s live-in girlfriend has been harassing me by text & email. She cc’s my ex on these things. She even verbally abuses my ex in these texts, but he allows her to continue to live there. He excuses her behavior due to her... Read more »
answered on Mar 28, 2018
You can try to involve the police again to see if her harassment rises to the level of a criminal charge. I am not sure if it will, but it's a place to start. As to the custody issues here, this situation might be enough of a problem to address whether or not your daughter should be around... Read more »
To my knowledge, my ex-husband does not have any powers of attorney in place. Even if he did, is making provisions for his wife to represent/otherwise speak for him in matters of our divorce, PSA, or child custody issues permissible?
answered on Mar 23, 2018
Interesting question. I am picking up that you are "fully divorced" since she's a subsequent wife. She would need to be a party to the discussion/dispute to have a say in these matters, and most likely she is not--since the issues pertain to a past marriage and your current minor... Read more »
My parents seperared 3 years ago and I lived with my dad and rarely saw my mom and she has not contributed to my life at all for 3 years and has not helped pay for anything . My dad is in jail and he gave me permission to live with my grandparents so I've been living here for 3 months so far.... Read more »
answered on Mar 17, 2018
This is a sticky question. You are still a minor, and your mother is your mother. Assuming she has legal custody, she has a say in what is done with you, certainly in where you reside. That said, it appears that most Judges will not force a minor child of your age, who can drive for example, to... Read more »
Husband has been sole provider for the duration of 15 year marriage. Will husband still have to pay spousal support even if wife committed adultery?
answered on Mar 15, 2018
The rule is that if a spouse commits adultery, and this can be proven in court by clear and convincing evidence, that spouse will not receive spousal support from the other spouse. In lay terms, the court will not require one to support an ex-spouse who caused the divorce by cheating. All that... Read more »
answered on Mar 12, 2018
If you have shared custody of your child and you remarry, unless there is some reason that the man is not good for your child, this event should have no effect on your custodial arrangement.
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