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Questions Answered by Lisa Mathews
1 Answer | Asked in Divorce for Virginia on
Q: Want to divorce spouse. all possessions, house, financials, etc are in both names., What is the best way to proceed?

Would like to proceed with divorce but would like to do this in such a way to be completely fair with the spouse and to make sure I can get the fair ruling for myself. We are retired; I'm 74 & she is 68. We both are on Social Security/Medicare & supplementals. No children are... View More

Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Good question. I appreciate your desire to be fair. There is a lot to think about here, but at a high level, you'll need to gather and then work through all assets and debts and determine who gets what. Hiring a lawyer is a good idea to make sure that you understand the legal implications of... View More

1 Answer | Asked in Divorce for Virginia on
Q: Can divorce be granted if there has been no relations in 10 years but still cohabitating with no separation?
Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Great question! It depends on what you mean when you say "no separation." Virginia does allow for something called "in-house separation." This requires that both parties are living as though they are already separated, even if under the same roof. The relationship must have... View More

1 Answer | Asked in Divorce for Virginia on
Q: I want a divorce. We have 2 children together. What is the first step? He owns his own business and I don't want debit
Lisa Mathews
Lisa Mathews
answered on Sep 23, 2021

You should hire a lawyer. Since you have children, it is going to be important to create a custody arrangement, establish child support, and even though you say you don't want anything from his business, a lawyer can advise you on the consequences of this decision. You want to make sure that... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: I'm writing my will. Is there a minimum requirement or a percentage that a former spouse is to receive after death?

I live in VA. I also have a son with my former spouse. She is receiving spousal and child support.

Lisa Mathews
Lisa Mathews
answered on Dec 3, 2019

Hello,

There is no requirement that you include a former spouse in a will in Virginia.

1 Answer | Asked in Divorce for Virginia on
Q: He bought the house before we got married. Of the 10 years he's owned it, we were married 3 years. Am I owed equity?

I have a property division question. He bought the house before we got married. Of the 10 years he's owned it, we were married 3 years and I paid towards the mortgage during this time. I was never on the deed/mortgage, but it's documented that I paid the bills for the house and... View More

Lisa Mathews
Lisa Mathews
answered on May 7, 2019

Yes, you are probably entitled to a value equal to some amount of equity in the house. In a Virginia equitable division of assets during a divorce, property is divided into three types: marital, separate and hybrid. Marital property is divided between the parties, separate property is left to the... View More

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