Questions Answered by James H. Wilson Jr.
Q: 8.01-296 VA code..I've given ALL documents to court and defendent by sheriff postings twice.
Defendent did not respond and is well beyond 21 days. I told clerk i wanted to pursue judgement by default. Clerk said there are some papers to fill out. What papers? Clerk told me I was almost done and had only one thing left to do but couldn't tell me what. Do I have to write a letter to the... Read more »
Judgments or decrees by default are not allowed in divorce or annulment cases in Virginia.
Rule 3:19 of the Rules of the Supreme Court of Virginia provides as follows:
..."(c) Default Judgment and Damages.
(1) Except in suits for divorce or annulling a marriage, the court... Read more »
Q: § 8.01-296. Manner of serving process upon natural persons. I have read this statute many times. Can you explain it
I served the divorce complaint by sheriff service. The judges telling me that I did not properly serve the complaint. I'm not sure what to do next
The starting point for service of process in divorce cases is Virginia Code Section 20-99. The primary consideration in service for divorce cases is the relief sought. Under the concept of divisible divorce, a marriage consists of two components - a legal relationship or res, and property rights... Read more »
Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?
My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.
Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... Read more »
Q: What are the notices required for spousal support and what do I need to include in the paper work for divorce?
It is referring to VA code 20-107.1 (H) Also why do I have to redo my plaintiff affidavit?
Virginia Code Section 20-107.1(H) sets forth the required notices for court-ordered spousal support only, while Virginia Code Section 20-60.3 sets forth the required notices for court-ordered spousal support where the parents have a mutual child support obligation. Local practices in Virginia... Read more »
Q: my chapter 13 was dismissed and had to file another one to keep my home, does the second one plays by the same rules?
my first one was dismissed because I was behind on my mortgage payments and just wondering if the second case is under the same rules or have stricter rules.....just want to make sure
Thanks for any advice I can get
Chapter 13 filed in Virginia
The protection against creditors under the automatic stay in bankruptcy only lasts for the first 30 days in a second case filed within a year of dismissed prior bankruptcy. In most cases, the debtor should file a motion to extend the stay past the first thirty days by demonstrating that the second... Read more »
Q: What happens if one of the witnesses to a holographic will dies before the person who wrote the will?
Virginia recognizes the validity of holographic will. A true holographic will, written entirely in the handwriting of the testator, does not require two witnesses at time of execution; however, two disinterested witnesses are necessary to prove the will, but these witnesses may or may not have... Read more »
Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?
Child support orders in Virginia can be modified upon a threshold showing of a material change in financial circumstances. A child support order will normally include responsibility for a parent's income share of medical bills not covered by health insurance. It is not clear from your question... Read more »
Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
The judgement is attached to my credit report. I am trying to figure out how to get it off.
Under Virginia Code Section 8.01-453, the clerk of the court may enter a satisfaction upon presentation of a certificate or at the direction of the creditor's attorney. Under Virginia Code Section 8.01-455, a judgment debtor can move the court to mark a judgment as satisfied if it has been paid or... Read more »
Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?
My fiance and I obtained a Marriage License from a VA Court Clerks office and held a marriage ceremony in the presence of 150 guests (within 60 days time of obtaining the license) in Virginia. However, the marriage certificate was never filed by the officiant after the ceremony. If the Marriage... Read more »
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage... Read more »
Q: Can a life estate be granted to income through a premarital agreement?
Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:
Virginia Code § 20-150. "Content of... Read more »
Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave
Items he gave me as gifts he has taken and wont give back. What can i do
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive... Read more »
Q: If I own my car outright, can it be taken in a bankruptcy?
Virginia is an opt-out state, which means you are given the Virginia state law exemptions and various federal exemptions, unless you do not otherwise qualify for Virginia exemptions under the bankruptcy code.
Under Virginia poor debtor's exemptions, a resident may claim up to $6,000 in... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
