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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for Virginia on
Q: This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May.

This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May. She moves into her apartment next month (Sept). I am veteran and my daughter will be going to school on my GI Bill and Virginia disability Dependent College program. Her mother has... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 15, 2022

Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Virginia on
Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives

But at the same time we are legally married in the us

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 11, 2022

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Divorce for Virginia on
Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?
Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Nobody will give you a "guarantee" on any response.

By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal...
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1 Answer | Asked in Divorce for Virginia on
Q: Owned a house before marriage, refinanced while married together (wife and I). Does it count as asset during divorce?

Bought the house full cash 2014. Got married 2018, refinanced in 2020 using the same house and did it together. Does it count as an asset to split during divorce? thanks

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Possibly. The Virginia State Bar provides to the public the following information:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital...
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2 Answers | Asked in Divorce for Virginia on
Q: My home is owned by me and my parents. My wife left me and resides out of state. Is she entitled to part of my home?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 4, 2022

If spouses are not able to reach an agreement on how to divide their property and debts, those matters can be submitted to a judge's decision through the process of equitable distribution incident to a divorce case.

Title is not determinative in equitable distribution in Virginia....
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1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: House deed is in ex wife and my name but the loan is only me, do I need her to get a home equity loan?

The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.

Not a legal advice nor any attorney-client relationship.

1 Answer | Asked in Divorce for Virginia on
Q: The clerk of circuit court in Virginia will not set a court date for my divorce case and it's been 2 years now. I have

Is this legal? Have reason to believe that this is being done as a favor to opposing attorney

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jul 25, 2022

Hearing dates in Virginia are arranged with the judge's secretary, not the clerk of the court. A party can request, or a file a motion for, a pretrial conference to bring a case in front of a judge in order to set a trial date. The actual hearing date for the pretrial conference would most... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: What fines are most likely associated with non-compliance with notice requirements per statute in final divorce decree?

Ex-spouse received fraudulent spousal support payments for two years. The ex-spouse also did not notify the other party of the new location as stated in the court order. The divorce decree was entered by the Norfolk Circuit Court in the state of Virginia.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

If there would be any fines, you might be able to find out if you ask your question at Justia > Ask a Lawyer > Virginia > Divorce. It's a matter of Virginia law, not Florida law. If you do, you might want to clarify what you mean by "... Ex-spouse received fraudulent spousal... Read more »

2 Answers | Asked in Divorce and Estate Planning for Virginia on
Q: How do I start divorce proceedings while married, living together, with minor children when the spouse refuses to leave

I want to divorce my husband. He refuses to establish a separation date, so I can’t do a no fault divorce. We live in my fathers house, it’s paid off, and will come to me upon his death through inheritance. There is no established rental agreement. I believe my husbands plan is to wait until he... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 5, 2022

A Virginia resident can file for a divorce from bed and board immediately, based on either abandonment and desertion or cruelty and reasonable apprehension of bodily harm. Virginia recognizes contructive desertion, which is essentially a desertion of the marital relationship while the parties... Read more »

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1 Answer | Asked in Divorce, Real Estate Law and Estate Planning for Virginia on
Q: My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on May 5, 2022

Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: VA- Joint custody -required to discuss decisions and parents disagree on child getting driver's permit.

Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on May 4, 2022

A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... Read more »

1 Answer | Asked in Divorce and Tax Law for Virginia on
Q: In Virginia I have been separated 3 years but no legal separation exists in state. Can we file single/head of household

We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 13, 2022

The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: What to do when you know that your ex-wife is breaking a court order by leaving the state with the kids every weekend?

Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 10, 2022

Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: If a divorce decree says property will be left to someone can a will be made after and the property left to someone else

Will the divorce decree outweigh the will since it was agreed to before and a judge signed off on it? A house is supposed to be left to the children. Can a will be made and the house left to someone else even though the divorce decree specifically says it will go to the children? A threat has been... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Feb 16, 2022

A judge's authority in equitable distribution in Virginia is strictly statutory and must be based on the provisions of Virginia Code Section 20-107.3. The judge has no authority to order property to be conveyed to someone other than a spouse.

Any provision beyond the authority of...
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1 Answer | Asked in Divorce for Virginia on
Q: My spouse and I will be attempting in home separation in Virginia. He is an airline pilot. If I take a trip to visit

family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... Read more »

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: My parents have been seperated for 40+ years. My father has become ill and I wanted to know how to get them divorced

My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: If a minor child turns 18 at 8 months into the year-long separation period, can we file for divorce right then?

Assume asset/property division has been agreed upon. Just waiting for the year to be up.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 18, 2022

The separation period for a no fault divorce in Virginia is 1 year. If the parties have no minor children born or adopted of the marriage, and have signed a written separation agreement, the required separation period is only 6 months. The intention to separate permanently must exist continuously... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Is this a breach of attorney client confidentiality in the state of Va?

I am getting divorced. Separated 5yrs. 3 yrs ago I dated a guy who stalked me when we broke up. My soon to be husband hired the lawyer I used for my PO. This lawyer has in writing told his client details of my po case. I’ve read it. Stuff that he only knows bc he represented me. Stuff my husband... Read more »

Sonja Aoun
Sonja Aoun
answered on Jan 10, 2022

Have you notified the attorney that you did not consent to sharing this information? If not, you should do so and ask that he cease representing your husband. Or, you can ask your attorney to make this request for you. Your husband's lawyer should then withdraw from the case.

2 Answers | Asked in Divorce for Virginia on
Q: My husband inherited a house from his mother. He added my name to the deed. We are now going to get a divorce.

Do I have a claim to the house

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 27, 2021

Property received by gift or inheritance during the marriage start as separate property. Separate property may be transmuted into marital property by certain actions that cause it to lose its character as separate property, such as the commingling of funds. Property may also be classified as... Read more »

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