Get free answers to your Divorce legal questions from lawyers in your area.
I submitted a complaint for divorce and final decree in Virginia. Spouse was served and has not responsed. On the complaint I asked for small settlement and possible future spousal support ( no current spousal). I didn’t include the settlement on the final decree just spousal. Judge issued... View More 
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... View More
answered on Oct 29, 2024
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... View More
answered on Sep 2, 2024
Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More
I recently retired from the service with 20yrs in. I'm also staying the divorce process after 17yrs because she cheated with another man. My VA rating is over 50% meaning in getting 2 payments for retirement. Can the adultery affect her compensation from my retirement? It's my disability... View More
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answered on Jul 18, 2024
In Virginia, your military pension can be subject to division in a divorce, regardless of adultery. However, courts may consider adultery when deciding on the division of assets, which could potentially influence the outcome in your favor. It's important to gather evidence of the infidelity to... View More
Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More
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answered on Jun 15, 2024
Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my income (just the way she is)
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answered on Jun 15, 2024
You cannot legally force your ex-wife to file for spousal benefits under Social Security. Social Security benefits are a personal right, and the decision to file lies solely with the individual.
First, review your divorce decree to understand its terms and whether it includes any provisions... View More
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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More
I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More
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answered on Jun 6, 2024
This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
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answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
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answered on Mar 8, 2024
When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More
I want everything that is available to me. Do I have to get an attorney from Philadelphia
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answered on Mar 8, 2024
I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More
Pictures and videos from last years of our marriage. How do I handle this?
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answered on Mar 7, 2024
Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More
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answered on Mar 6, 2024
If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More
We are sleeping separately in different rooms.
answered on Feb 28, 2024
In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More
All child support/custody is settled as well. How can he force me to stay married while living with his mistress?
answered on Feb 20, 2024
A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More
We were married at the Warren County North Carolina Justice Of The Peace...How Do I Get Divorced in a another state that I no longer reside in
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answered on Feb 18, 2024
You do not have to get divorced in the state you married in. If neither you nor your wife live in North Carolina, North Carolina may not be an option for you. Check your state's law to determine where you should file for divorce. In Virginia you typically file in the city or county where you... View More
The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More
answered on Jan 24, 2024
If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More
My spouse is trying to keep in a marriage against my will.
answered on Jan 16, 2024
A divorce can be obtained in Virginia without the mutual consent of the parties, provided the appropriate Circuit Court has jurisdiction. If a spouse wants to affect his or her spouse's property rights, the court must have personal jurisdiction over the defendant spouse, which requires some... View More
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