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Questions Answered by Wayne E. Holcomb

2 Answers | Asked in Divorce and Family Law for Virginia on

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

I am the primary breadwinner. All finances, including a house and two cars, are in my name. My husband uses my credit card when he's between jobs, but he's now always between jobs or perhaps lying about being paid. He has terrible credit and can't get a card or loan on his own. He left the home... Read more »

Wayne E. Holcomb answered on Feb 3, 2018

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... Read more »

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1 Answer | Asked in Divorce for Virginia on

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

I made a verbal agreement to pay my ex's phone bill until we get a divorce. Can I legally get in trouble if I stop paying it?

Wayne E. Holcomb answered on Jan 28, 2018

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... Read more »

2 Answers | Asked in Divorce for Virginia on

Q: My husband and I have been separated for 19 years. Are we still married?

When we first separated, we couldn't afford to get a divorce and then later I guess it just fell though the cracks.

Wayne E. Holcomb answered on Jan 27, 2018

Yes, you are still married. At this point, there are probably advantages and disadvantages to either just staying married or going ahead and getting a divorce. You should see a local family law attorney to run through your options. Our best to you.

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1 Answer | Asked in Divorce for Virginia on

Q: Is it possible for me to send you the separation agreement to be examined before I sign and get it notarized?

Wayne E. Holcomb answered on Jan 24, 2018

Yes, it is. We have a flat fee for this service, and do this quite a bit for out-of-state clients. Let us know if we can help you.

1 Answer | Asked in Divorce for Virginia on

Q: should I sign over all rights and interest in my home to my wife during separation?

We have a separation agreement that we are going to get notarized once we come to terms on everything. The house and mortgage is in my name and I don’t feel comfortable just to waiver interest and rights over. She doesn’t want child support, just for me to split the bills in the marital home

Wayne E. Holcomb answered on Jan 21, 2018

Usually the attorney answer is NO to any type of waiver outside of legal counsel of course! Child support and utility bills are typically "apples and oranges" in this discussion, although the spirit of such an agreement can probably be creatively accomplished. Your question is complex and... Read more »

1 Answer | Asked in Divorce for Virginia on

Q: married 2 years put on extension 2 years prior. gifted half the house to me 1 year ago would i be entitled to half in d

Wayne E. Holcomb answered on Jan 11, 2018

Dear friend,

I am unsure what "put on extension 2 years prior" means. Also, in what manner was 1/2 of the house gifted to you? I cannot provide an answer with the information given so far. The best answer today is the frustrating one, "It depends!" The short marriage doesn't help you,...
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2 Answers | Asked in Divorce for Virginia on

Q: My name is not on our home loans and auto loans because of my credit. He said I'm entitled to nothing if we divorce.

We have been married 19 years. He makes good money and I only work part time. I now have to get his permission to drive one of the vehicles to work. Im at a disadvantage. I dont make enough momey to buy a car or rent a home. I feel trapped and hurt. What can I do?

Wayne E. Holcomb answered on Dec 23, 2017

In short, it doesn’t matter whose name’s on what. With your length of marriage, it’s all likely marital, which means you own fully half the value of the estate. I believe his assertions are probably misinformed or just incorrect. You probably have nothing about which to be concerned.

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1 Answer | Asked in Divorce for Virginia on

Q: Can I request a continuance for a pendente lite motion when I was only given a 12 hour notice of the motion?

I was served a motion for pendente lite hearing this evening at 5:50 pm. The motion says the hearing is 9:30 am tomorrow. This is not adequate time to compile my opposition or obtain counsel. How should I proceed?

Wayne E. Holcomb answered on Nov 17, 2017

This notice is too short of course; however, you need to show up in court or get a call or faxed letter in as soon as you can, so as not to give the opposing party opportunity to say that you didn't show because you don't care. I am sure that the Court would notice and take notice of the late... Read more »

2 Answers | Asked in Divorce for Virginia on

Q: Is our notarized marital agreement still valid even if my husband crossed out his signature after completing it?

Hello. I would like to ask a question regarding marital agreement. Me and my soon-to-be ex-husband had signed on a marital agreement that I created this summer. We both notarized our signatures. He was going to file the agreement to the court with the divorce paper. However he crossed out his... Read more »

Wayne E. Holcomb answered on Aug 21, 2017

Well, from what I hear you saying, it's probably too late for him to "undo" this Agreement in that manner. It's a contract. Once it is signed and notarized by a competent adult who is not under duress, in Virginia, the deal is usually done. From what you have said, most likely, the courts would... Read more »

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1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on

Q: I need advice bc my husband is talking to a lawyer secretly today. He withdrew all our money from our bank account,

Tells me he is going to take my cell phone and car, and he has installed cameras in our house bc he says now that I "neglect" our child. He gives me an allowance of $100. We had 300,000 in our savings. He is abusive (verbally, mentally, physically) and I have him on video admitting it, so he is... Read more »

Wayne E. Holcomb answered on Jul 14, 2017

In short, you need to contact a family law lawyer immediately. There are many, many ways to discourage and/or to stop this type of abusive and disrespectful behavior, but we need to get started quickly because often the courts are backed up. With you having access to almost no money, a few weeks... Read more »

1 Answer | Asked in Divorce and Employment Law for Virginia on

Q: In Virginia, is 18.2-456 (Cases in which courts and judges may punish summarily for contempt) a misdemeanor?

In completing applications for 1) employment and 2) re-certification as a paramedic, must I disclose as a misdemeanor being jailed under this statute?

Under a Divorce Decree, which incorporated a negotiated agreement, I was financially responsible to make payments on a student loan where my... Read more »

Wayne E. Holcomb answered on Oct 25, 2016

The facts you related do not qualify as a misdemeanor. My opinion is that I think you are in good shape for your application to say that you have not been charged with a crime.

1 Answer | Asked in Divorce for Virginia on

Q: My wife left me, she is with another man and has been gone for months. The house is in my name only. Can she take it?

She has a new address.

Wayne E. Holcomb answered on Oct 23, 2016

The answer is "maybe." Not helpful, right? It depends on when you bought the home, how you bought it, and on a few other factors. If you bought the home during the marriage, the Virginia presumption is that you both own half. Whose name is on the Deed or the Note is not really important. This... Read more »

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

Q: Can my friend force his ex to sell their house if it is in the divorce decree that neither party can force a sell?

My boyfriend has been divorced for over two years. In his divorce decree with his ex-wife it states neither party can force the sell of their house unless the value increases by 20%...which in today's market is not going to happen for many many years. The ex-wife cannot afford to take over the... Read more »

Wayne E. Holcomb answered on Sep 7, 2016

Virginia is a "four corners" state, meaning that, if you are competent and sign a contract, you have committed yourself and courts are not very motivated to overturn or alter that contract. So, your boyfriend might just have to wait out the market--it sounds like that provision in the Decree was... Read more »

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