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Virginia Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Virginia on
Q: In VA, 12 mnths of separation is req'd w/ minors before divorce. Do I need notarized separation agreement to prove date?

I know in VA, a legal separation agreement is not always (or ever?) necessary. But we are separating under the same roof which I realize complicates things. We started this beginning of August, and have done everything on the "separation list" that we found in our research (separate... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 17, 2022

While the Virginia Court of Appeals has decided that it is possible for spouses to live separate and apart under the same roof, not all Circuit Court judges readily accept that idea. The idea is more popular in certain areas of the state, such as Northern Virginia, where the costs of housing is... Read more »

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0 Answers | Asked in Divorce and Family Law for Virginia on
Q: What do I have to do to drop a temporary protective order against my husband before court in Virginia?

I have court next week and don't want to pursue anything anymore. We gave come to an agreement.

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband lied to the cops to get a epo granting possession of the home. If I get an order on him, who gets to stay?

I have real evidence that I can take to the magistrate and get him arrested for assault. If I was granted a EPO also and possession of the home, which h one of us gets to stay there? Is it the one who was granted it first?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 11, 2022

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband has an ego on me and has been granted temporary possession of the home. Can I get possession back?

My husband called the police on me and lied and said I covered his mouth and nose and slammed his head into the wall.

He was granted a epo because my son went along with it. Now my son feels bad he lied for his Dad. He thought I was just going to have to leave the house and that would stop... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 11, 2022

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Does living back together and temporarily reconciling reset the divorce?

I have been separated for 3 years. Extended due to pandemic and custody.

I moved back in August. Does that have any effect on the proceeding if one of us wants to reset everything?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 10, 2022

The separation required for a no fault divorce in Virginia must be continuous and uninterrupted. The legally-required separation means the parties are no longer living together as husband and wife. At least one of the parties must intend that the separation is permanent, and that intention must... Read more »

0 Answers | Asked in Divorce for Virginia on
Q: Can my Social security be bothered in a divorce .

We are separated but haven’t filed papers. I was wondering can my wife go after my social security check?

0 Answers | Asked in Divorce for Virginia on
Q: I owe child support and my ex owes half of medical bills. Can I withhold child support in the amount of what my ex owes

in the medical bill. I am just not going to pay her that amount that she owes for her half. Can i do that? in virginia

1 Answer | Asked in Divorce for Virginia on
Q: post-nupital and property settlement agreement

should we sign with notary together or should wife sign first, separated 15 months in va

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 17, 2022

A prenuptial agreement or marital agreement, variously titled as a separation agreement, post-nuptial agreement, or property settlement agreement, must be in writing and signed by the parties to be enforceable. There are usually notarizations or acknowledgement(s) of the signatures by a... Read more »

1 Answer | Asked in Divorce and Bankruptcy for Virginia on
Q: 2015 my ex was ordered to pay $5K in equitable distribution, but he never paid and was contempt. He since filed Ch. 7.

He filed Ch. 7 in 2017. We live in VA. Can I take him back to court to enforce the order in the divorce decree?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 5, 2022

A contempt proceeding for an ED violation may or may not be a violation of the automatic stay in bankruptcy. The question is whether the purpose of the proceeding is to extract a private monetary remedy (not allowed) or to uphold the dignity of the court (allowed). Some have cast this as civil v.... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: I filed for divorce but my wife refuses to move out of my house. How can I legally remove her from the house?

I bought my house 5 years ago, we’ve been married for less than a year. She is no where on the house. I am the owner. I will be paying her ½ if the amount paid to principal for the length of the marriage. How can I legally get her to move out if I already filed for divorce. Is there a Set length... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 16, 2022

For various good cause shown, a spouse can ask for exclusive possession of the marital residence as part of the pendente lite relief available in a Virginia divorce case. The public policy of the Commonwealth of Virginia is to promote marriage, not to make divorce easy. Marriage provides a... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Can the opposing party bring you an acceptance waiver to sign at home and then have their notary sign it?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 31, 2022

In Virginia, a notary public must verify the identity of a person signing the document, either in front of the notary public, or by the signer acknowledging the signature in the presence of the notary public, or via a videoconference if the notary has satisfied the requirements to be an electronic... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Virginia on
Q: This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May.

This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May. She moves into her apartment next month (Sept). I am veteran and my daughter will be going to school on my GI Bill and Virginia disability Dependent College program. Her mother has... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 15, 2022

Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Virginia on
Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives

But at the same time we are legally married in the us

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 11, 2022

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Owned a house before marriage, refinanced while married together (wife and I). Does it count as asset during divorce?

Bought the house full cash 2014. Got married 2018, refinanced in 2020 using the same house and did it together. Does it count as an asset to split during divorce? thanks

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Possibly. The Virginia State Bar provides to the public the following information:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital...
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1 Answer | Asked in Divorce for Virginia on
Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?
Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

Nobody will give you a "guarantee" on any response.

By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal...
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2 Answers | Asked in Divorce for Virginia on
Q: My home is owned by me and my parents. My wife left me and resides out of state. Is she entitled to part of my home?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 4, 2022

If spouses are not able to reach an agreement on how to divide their property and debts, those matters can be submitted to a judge's decision through the process of equitable distribution incident to a divorce case.

Title is not determinative in equitable distribution in Virginia....
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1 Answer | Asked in Divorce for Virginia on
Q: The clerk of circuit court in Virginia will not set a court date for my divorce case and it's been 2 years now. I have

Is this legal? Have reason to believe that this is being done as a favor to opposing attorney

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jul 25, 2022

Hearing dates in Virginia are arranged with the judge's secretary, not the clerk of the court. A party can request, or a file a motion for, a pretrial conference to bring a case in front of a judge in order to set a trial date. The actual hearing date for the pretrial conference would most... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: House deed is in ex wife and my name but the loan is only me, do I need her to get a home equity loan?

The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Jul 31, 2022

See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.

Not a legal advice nor any attorney-client relationship.

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