Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Wayne E. Holcomb
1 Answer | Asked in Divorce for Virginia on
Q: Am I entitled to 50% of our savings in a divorce?

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: My ex and I agree to modify the morality clause to set a timeline of 6 months in a relationship before overnight stays.

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?

Wayne E. Holcomb
Wayne E. Holcomb 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 »

2 Answers | Asked in Divorce for Virginia on
Q: I got married abroad. When I immigrated to the U.S. in 1994, my wife did not come. Lost touch, can I get a divorce?
Wayne E. Holcomb
Wayne E. Holcomb 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.

View More Answers

1 Answer | Asked in Divorce for Virginia on
Q: In VA. Divorce- Complaint ent to def. by sheriff and was posted. Def. gave no response after 21 days...what do I do now?

Judge says i did not properly serve the complaint on the defendant.

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: Is it possible to get a divorce case transferred from another state to Va? If so, would the court make that determinat?

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?

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: alimony payments end upon my ex-wife cohabitating after one year.

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?

(in virginia)

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: I am needing to file for a divorce.

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?

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: What are my rights if I am in jail and my wife is trying to divorce me?
Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Can I file for emergency temporary full custody of my son?

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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.

1 Answer | Asked in Divorce for Virginia on
Q: If my name is not on my husbands checking account, can I get into legal trouble by taking half of the money out as mine?

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: I’m a 64 y/o woman who separated from my husband in December 2015 after 20 yrs of marriage.

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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.

1 Answer | Asked in Divorce for Virginia on
Q: can husband give money to girlfriend to buy house / not legal separated or divorced?

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce for Virginia on
Q: Can you get the divorce, which we are both consenting to, and then deal with E.D. after since one is contesting E.D.?
Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: I'm 13 and want to live with my dad who lives down the street but my mom with full custody wont allow it....help?

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.

Wayne E. Holcomb
Wayne E. Holcomb 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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: Do I have a winning case as the mother to keep my ex-husband’s girlfriend away from my child, due to her harassment?

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: Can my ex-husband's wife represent/otherwise speak for him in matters of our divorce, PSA, or child custody issues?

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?

Wayne E. Holcomb
Wayne E. Holcomb 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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: I'm 17, and my mom is trying to force me to live with her. Can she force me to live with her instead of my grandparents

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 »

Wayne E. Holcomb
Wayne E. Holcomb 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 »

3 Answers | Asked in Divorce and Family Law for Virginia on
Q: In Virginia, will husband have to pay spousal support even if wife committed adultery?

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?

Wayne E. Holcomb
Wayne E. Holcomb 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 »

View More Answers

1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: Can a judge rule that my child when in my custody (50/50 custody) cannot live with a man that I marry in the state of VA
Wayne E. Holcomb
Wayne E. Holcomb 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.

2 Answers | Asked in Divorce for Virginia on
Q: wife claims money she gained 10 yrs ago from life ins from her father is inheritance, is it

she is unwilling to show bank acct, stating she does not have to...

Wayne E. Holcomb
Wayne E. Holcomb answered on Mar 9, 2018

If the money came from her father's life insurance policy, and she has kept it in a separate account and has not co-mingled it into joint accounts for example, it is most likely her separate property. So, I suppose she would not have to show it to you because it is most likely hers alone and... Read more »

View More Answers

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.