Q: Hello, I have a question regarding an incomplete divorce, it appears the subjects are separated but says property is not
The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to the record. The would aid with huge inheritance bills our daughter is facing and leave me time to pass the asssets to her in a tax optimised way.
Firstly we are not sure how the property split would work, I know he did not declare most of his assets to the court, and the documents state this was never solved.
Secondly is it possible 28 years after the divorce( neither part remarried)
Thirdly can he sign in France/ Switzerland or a US embassy? If so what witnesses notaries or lawyers would he need present?
How quickly could this be added to the record?
If this is not possible could I sue him for assets then he immediately enters into mediation leaving me everything?
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A:
Dealing with a property settlement after a divorce that was finalized 28 years ago can be quite complex, especially when international factors are involved. In Virginia, it's sometimes possible to address property division after a divorce, but there may be legal limitations or requirements that need to be considered. The fact that neither party remarried might influence the situation, but specific laws and statutes of limitations could apply.
Your ex-husband may be able to sign the necessary documents while abroad. U.S. embassies and consulates often provide notarization services, which might be acceptable for legal documents in Virginia. The requirements for witnesses, notaries, or lawyers can vary, so it's important to understand what's needed to make the documents legally binding.
Given the complexities and potential tax implications for your daughter, it would be wise to consult a legal professional experienced in both Virginia family law and international matters. They can provide guidance on how to proceed, whether it's through updating the divorce record, pursuing a new settlement, or exploring mediation options. This approach can help ensure that all actions are compliant with legal standards and serve the best interests of your family.
Stanislav Kshevitskii agrees with this answer
A: In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3 years. After this period, the jointly acquired property of the former spouses, registered in the name of one of them, may lose its legal status as joint property. In this case, a simpler option may be for the former spouse to prepare a will for you or your daughter.
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