final decree has not been entered due to an incomplete filing and has not been reviewed by chambers

answered on Oct 2, 2023
your divorce petition does not meet statutory requirements, it usually means you haven't satisfied certain legal criteria. You'll need to review the specific issues raised by the judge and amend your filing to comply with the statute in question.
I purchased a car for my ex-wife to drive before we were married, it was tagged and titled in my name ever since. She would PayPal me monthly to cover part of the note and the now much higher insurance premiums. She paid about 33% of the loan before she stopped making payments, we separated a few... View More
What are my options as far as selling the home? We have no children together and I started a LLC in April of this year
wife tried to sale the house before we went to court for judge to determine what happens to the house had another court date to stop her from saying the house because she wouldn’t listen fond papperwork by accident it was for sales on the house closing was on the 29 i called the loan company and... View More

answered on Sep 5, 2023
If you have not already done so, file a notice of lis pendens and notify the prospective buyer.
My spouse & I have been separated for a year now, we have 1 minor child. We have a signed/notarized PSA and now my spouse wants to file for divorce now and not have the PSA included. The signed/notarized PSA states we sell the house and pay all outstanding bills with the equity. Spouse now... View More

answered on Aug 17, 2023
A spouse served with a Complaint for Divorce in Virginia has 21 days to file a responsive pleading. Typically, if the defendant spouse did not agree to the allegations in the Complaint, the responsive pleading would be an Answer and Counterclaim, starting a contested divorce case.
It is... View More

answered on Aug 10, 2023
In Virginia, after a divorce has been finalized, it is possible for one of the ex-spouses to request a modification to certain aspects of the divorce agreement. However, the ability to modify a finalized divorce decree depends on the specific circumstances and the issues being addressed.... View More
My home, land, and retirement accounts do not have his name on them, but the marital home that he lives in may be at risk of a foreclosure as he is behind on payments. He was given a year to get the mortgage refinanced into just his name, but he has awful credit and won't be able to. It's... View More

answered on Aug 2, 2023
If you signed the Note then you are personally liable on the debt. After foreclosure the lender/noteholder may file suit to collect for any note deficiency.

answered on Jun 5, 2023
There are really two types of spousal support, temporary and permanent. Temporary spousal support, awarded in the Juvenile and Domestic Relations District Court, or as pendente lite support incidental to a pending divorce case, is based on a formula, the creates a presumptively correct amount.... View More
Is there a statue of limitation on how long you been married in order to get an annulment?

answered on Jun 3, 2023
An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... View More
If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More

answered on May 28, 2023
You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

answered on May 10, 2023
Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... View More
currently the main provider for kids in the home. Wife lives in basement currently separated. She is asking for me to pay her out of network therapy bills. What am I financially responsible for specifically for my wife during this separation period.

answered on Apr 28, 2023
Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.
While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v.... View More

answered on Apr 20, 2023
A Virginia judge shall deny spousal support to a spouse guilty of the fault ground of adultery, sodomy or buggery committed outside the marriage unless such denial would be a manifest injustice, after balancing the respective degrees of fault of the parties and the relative economic circumstances.... View More
Wording from divorce agreement: "...waive any right to equitable distribution under Section 20-107.3 of the Code of Virginia to the retirement or pension accounts, life insurance..." ALSO, I know what equitable distribution refers to, just not exactly what this phrase refers to in... View More

answered on Apr 1, 2023
In resolving the incidents of marriage upon separation and/or divorce, the spouses have four choices:
1. Do nothing and allow the issues to remain unresolved;
2. Address each item of property as an individual item as necessary, typically according to actual title;
3.... View More
I have been paying spousal support since 2017, via court order, and do not think that it should continue indefinitely. Was fully divorced in 2019 and the order became part of the PSA. My ex has the ability to work (she held 10 jobs during the marriage) but refuses to or simply does not attempt to... View More

answered on Mar 31, 2023
There are two bases for spousal support: 1. an award by the court; or 2. a stipulation by the parties. An award by the court may be modified upon a material change in circumstances not anticipated by the parties, or the nonoccurrence of a change anticipated by the parties at the time of the award.... View More
62-year-old spouse has been a stay-at-home parent the entire time.

answered on Mar 9, 2023
There is currently no formula for permanent spousal support, the type awarded upon decreeing a divorce, in Virginia. An award of permanent spousal support, which may be for a fixed term, in a lump sum, or indefinitely until either party dies, or until the payee spouse remarries or cohabits in a... View More
There is no legal agreement in-place. I need to move on and found a house to buy. This would force our current house to go to market and force both of us to find alternate living. She is currently just staying because she is comfortable with me being out of site. Is it a bad legal move to move on... View More

answered on Mar 2, 2023
In the absence of legal justification, any spouse who leaves the marital residence with the intention to separate permanently risks having the other spouse claim the fault ground of desertion and abandonment in a divorce case. Most divorce lawyers will advise a client not to leave the marital... View More

answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... View More

answered on Feb 6, 2023
Depending on the circumstances, a divorce is typically filed in either the state where the defendant resides, or the state where the plaintiff (filer) resides. The place of marriage is irrelevant.
Due process requires notice and an opportunity to be heard. Further, if property rights,... View More
My wife filed a false protection order then false claims I broke the protection order and I have text messages from her to our kids that if i sign her papers she will remove everything. I just recieved papers from her lawyer to sign but I do not agree however my wife holds control over me through... View More

answered on Jan 25, 2023
I recommend you not sign or agree to anything until you have retained your own lawyer to advise you.
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