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Questions Answered by James H. Wilson Jr.
1 Answer | Asked in Divorce for Virginia on
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?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 4, 2019

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... View More

2 Answers | Asked in Bankruptcy for Virginia on
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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 30, 2019

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... View More

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2 Answers | Asked in Probate and Estate Planning for Virginia on
Q: What happens if one of the witnesses to a holographic will dies before the person who wrote the will?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 17, 2019

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... View More

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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 19, 2018

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... View More

3 Answers | Asked in Bankruptcy for Virginia on
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.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 18, 2018

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... View More

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1 Answer | Asked in Divorce and Family Law for Virginia on
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... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 15, 2018

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... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: Can a life estate be granted to income through a premarital agreement?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 15, 2018

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...
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1 Answer | Asked in Divorce for Virginia on
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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 15, 2018

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... View More

3 Answers | Asked in Bankruptcy for Virginia on
Q: If I own my car outright, can it be taken in a bankruptcy?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 15, 2018

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...
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