Questions Answered by Wayne E. Holcomb

Q: Is it possible to get a divorce case transferred from another state to Va? If so, would the court make that determinat?

1 Answer | Asked in Divorce for Virginia on
Answered on Jan 25, 2019
Wayne E. Holcomb's answer
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 best move for you now is to contact a VA family law attorney and run the facts by him or her for a more specific recommendation. Our best to you.

Q: alimony payments end upon my ex-wife cohabitating after one year.

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 26, 2018
Wayne E. Holcomb's answer
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 easy as it should be. Contact a local family law attorney for more specific advice.

Q: I am needing to file for a divorce.

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 19, 2018
Wayne E. Holcomb's answer
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 in his case. Contact a local family law attorney to get this process started. Our best to you.

Q: What are my rights if I am in jail and my wife is trying to divorce me?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 15, 2018
Wayne E. Holcomb's answer
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 however, the Court will appoint a Guardian ad Litem to represent you since, while you are incarcerated, you are considered "incapacitated," in that you are not able to adequately protect yourself. Aside...

Q: Can I file for emergency temporary full custody of my son?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Answered on Sep 14, 2018
Wayne E. Holcomb's answer
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.

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?

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 30, 2018
Wayne E. Holcomb's answer
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 makes a difference in how these cases play out; for example, who files what first can actually be and advantage. Our best to you, and here's to your strength. Hang in there.

Q: I’m a 64 y/o woman who separated from my husband in December 2015 after 20 yrs of marriage.

1 Answer | Asked in Divorce for Virginia on
Answered on Jul 18, 2018
Wayne E. Holcomb's answer
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.

Q: can husband give money to girlfriend to buy house / not legal separated or divorced?

1 Answer | Asked in Divorce for Virginia on
Answered on Jul 10, 2018
Wayne E. Holcomb's answer
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 would likely call that "waste" and also make your husband make an accounting of that intentional loss of value to your estate. There's too much information you need to know in this limited forum. You absolutely...

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.?

1 Answer | Asked in Divorce for Virginia on
Answered on Jun 12, 2018
Wayne E. Holcomb's answer
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 knowledge of your specific facts however. I recommend contacting a local family lawyer soonest, and getting into the details. Our best to you.

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?

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Answered on May 20, 2018
Wayne E. Holcomb's answer
Hello. We would need to talk to your father I suppose. This is probably your only option right now. Hang in there.

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?

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Answered on Mar 28, 2018
Wayne E. Holcomb's answer
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 the girlfriend unsupervised at all. If her father won't deal with the problem, I might advise getting the professionals involved. I might be time for a Motion to amend custody or visitation to protect...

Q: Can my ex-husband's wife represent/otherwise speak for him in matters of our divorce, PSA, or child custody issues?

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Answered on Mar 23, 2018
Wayne E. Holcomb's answer
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 children together. That said, sometimes spouses can help with communication I suppose. (Most of the time though, they are not helpful at all.) The PSA preceded his next marriage presumably, and the children of...

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Answered on Mar 17, 2018
Wayne E. Holcomb's answer
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 live with one parent over the other if you have a strong and reasonable opinion. Grandparents are a little different. If your mother wanted to take this to court and try to establish that living...

Q: In Virginia, will husband have to pay spousal support even if wife committed adultery?

3 Answers | Asked in Divorce and Family Law for Virginia on
Answered on Mar 15, 2018
Wayne E. Holcomb's answer
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 said, this is still difficult to prove, and as the previous lawyer explained, if there is great injustice, i.e. the "punishment" of no spousal support doesn't fit the "crime," the court might not...

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

1 Answer | Asked in Child Custody and Divorce for Virginia on
Answered on Mar 12, 2018
Wayne E. Holcomb's answer
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.

Q: wife claims money she gained 10 yrs ago from life ins from her father is inheritance, is it

2 Answers | Asked in Divorce for Virginia on
Answered on Mar 9, 2018
Wayne E. Holcomb's answer
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 not marital property.

Q: Do I have to be in contact with my child's mother? She has full custody and I longer wish to be in contact with either

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Virginia on
Answered on Feb 20, 2018
Wayne E. Holcomb's answer
You cannot be forced to stay in contact with your son, but that's likely not the best result for him or you. With the help of Counsel, you can most likely craft an agreement or an Order to have the exchanges with the mother in public places or with a witness present. Although this can cause problems in itself, most phones can video these days. Some very troubled relationships exchange their children at police stations to keep the drama and potential legal issues at bay. You can stay away if...

Q: I am married & want to start a business. What can I do to ensure that my wife has no claim on it IF there is a divorce.

1 Answer | Asked in Business Law, Divorce, Family Law and Business Formation for Virginia on
Answered on Feb 13, 2018
Wayne E. Holcomb's answer
About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.

Q: If I turn off MY credit card that my husband uses, before being legally separated, is that financial abuse.

2 Answers | Asked in Divorce and Family Law for Virginia on
Answered on Feb 3, 2018
Wayne E. Holcomb's answer
I do not think turning off a marital credit card, that has a high balance, that is still growing against your will and exposing you to potential negative financial blow back, particularly after a spouse has left the marital home in a separation period, is a legal issue at all. It makes sense. It might be "nice" to let him know when you do it, but legally, my opinion is that I don't think that will hurt you. In fact, the debt he is building now, during a separation period, is more than likely...

Q: Can I stop paying my ex's phone bill even though I said I would?

1 Answer | Asked in Divorce for Virginia on
Answered on Jan 28, 2018
Wayne E. Holcomb's answer
Well it depends if course. For example, is this just a verbal commitment or did you agree to it and then have it written into an Order or contractual agreement? While it’s probably important to honor your commitments because “good will” helps you in other areas of your divorce process, if the payment agreement was just words, it would likely be hard for her to enforce.

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