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Virginia Family Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Family Law for Virginia on
Q: How can our shelter obtain legal ownership of a dog from an incarcerated owner in Virginia?

I work at a private animal shelter, and we are currently housing a dog that was brought to us by a police officer after the owner was arrested. We wish to file for legal ownership of the dog to facilitate adoption, as holding it long-term in the shelter isn't feasible. The dog was brought in... View More

Richard Sternberg
Richard Sternberg
answered on Apr 22, 2025

Perhaps there is some statute that helps, but I have never heard of one. A dog is property in most states, including the Commonwealth. An incarcerated individual doesn't lose their property without due process of law. The easiest answer is to ask her to sign over the dog as a gift, and, a... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Virginia on
Q: Joint custody issues in Virginia affecting child emotionally.

I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could... View More

1 Answer | Asked in Divorce, Real Estate Law, Tax Law and Family Law for Virginia on
Q: Can I transfer my half of house deed to ex-husband in Virginia divorce with tax lien and disputes?

I am in the process of a divorce and want to know if I can transfer my half of the house deed ownership to my ex-husband. There is no existing divorce agreement or court order regarding property division, but there is a tax lien on the property, and disputes regarding property division exist. The... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a complicated situation with your property and divorce. Since there is no court order yet regarding the division of the property, transferring your half of the deed could be tricky, especially with the tax lien and ongoing disputes. You would likely need to work out an... View More

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: Can my parents kick me out and keep my belongings at 17 in Virginia?

Can my parents legally kick me out of the house and keep my belongings while I'm still 17? They found out I shared with friends how stressful they make my life, and they now don't consider me their child. I want to leave as soon as possible and take my belongings with me. My online... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Virginia, you are still considered a minor at 17, and your parents generally have legal control over your living situation and possessions. While parents are typically allowed to set rules about where you live, they cannot simply throw you out or keep your belongings without legal grounds. If... View More

1 Answer | Asked in Child Support, Legal Malpractice and Family Law for Virginia on
Q: What to do for a failure to appear in child support case in VA?

I have a failure to appear charge for a child support case scheduled on 3/19/25. My court-appointed lawyer had advised me that she would handle it, but now I am charged with failure to appear. I contacted her by phone on 1/11/25 regarding handling the court date, and again left a message today,... View More

James L. Arrasmith
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answered on Apr 13, 2025

You should contact the court that issued the failure to appear as soon as possible. Let them know you were under the impression that your court-appointed attorney was handling the appearance and that you didn’t intend to ignore the court date. Ask if you can file a motion to explain the situation... View More

2 Answers | Asked in Family Law for Virginia on
Q: Is it legal for parents to take away my phone if I pay for it, as a minor in Virginia?

In the state of Virginia, I'm 15 years old, and I've been using my own money to pay for my phone. However, my parents took it away. Although the phone contract is under their name, they confiscated the phone because I went to track practice for a race instead of coming straight home to... View More

Richard Sternberg
Richard Sternberg
answered on Apr 2, 2025

Short answer: Yes. Their house; their rules. You are a minor, and it is their job to guide you and teach you. Sounds to me like they are doing a good job. It would be a great job if they succeeded at communicating the message that you need to perform your assigned duties to keep your mutual home... View More

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1 Answer | Asked in Divorce, Tax Law, Real Estate Law and Family Law for Virginia on
Q: Who can claim the Virginia rental house in 2024 taxes after divorce?

I finalized my divorce in September 2024 and was awarded a rental house in Virginia through the court order. I started paying the mortgage in August 2024, but my ex-spouse continued making payments from his bank account, and I reimbursed him since my loan assumption attempt was denied. He is now... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since you were awarded the rental house in your divorce and have been making mortgage payments since August 2024, you are likely the one entitled to claim the property on your taxes for the year. Even though your ex-spouse continued making payments temporarily and you reimbursed him, the IRS... View More

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Virginia on
Q: What to do if separated spouse refuses to pay tax plan

My husband and I previously filed taxes jointly and entered a payment plan with the IRS. We are now separated due to abuse, and I'm filing taxes separately. He has failed to pay his portion of our agreed tax payment plan. I've been unable to contact the IRS for guidance and have an audio... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re facing a difficult situation, especially given the financial and emotional stress of your separation. Since the IRS payment plan is in both of your names, you're still responsible for the full amount owed, even if your spouse is not contributing. The first... View More

1 Answer | Asked in Family Law, Public Benefits and Employment Law for Virginia on
Q: Need help with insurance compliance for minor due to ex withholding SSN and show cause notice.

I'm facing a legal issue where my ex-wife has failed to provide my son's Social Security number, preventing me from adding him to my insurance plan. I've attempted to communicate with her lawyer via email but have received no response, and I'm legally restricted from contacting... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given your situation, it’s important to document all of your attempts to obtain your son’s Social Security number. Since you're restricted from contacting your ex-wife directly, continue reaching out to her lawyer in writing, and make sure you keep copies of all communication. If you... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Virginia on
Q: Signed separation agreement under pressure; seeking to reinstate previous support order due to financial struggles.

On December 20, 2024, I signed a separation agreement under pressure, as my attorney withdrew and I was served a rule to show cause for a violation. The agreement involved renegotiating a mortgage from $2,266.29 to $1,242.03 per month, which is now $1,700 due to included taxes. Previously, I was... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a deeply stressful situation, especially with the financial pressure and the feeling that you were backed into a decision without proper support. In Virginia, a separation agreement can sometimes be challenged if it was signed under duress, coercion, or without fair representation.... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Virginia on
Q: Next steps after DSS denial and neglect case in Virginia?

I'm dealing with a challenging case involving children exposed to drugs and experiencing medical neglect. My daughter and I shared primary custody. During her appointment with her OB-GYN before delivery, she tested positive for substances, and the baby tested positive at birth. CPS intervened... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're already doing the hard work of stepping up for these children in an incredibly complex and painful situation. Since DSS denied services and adoption consideration despite the parental placement agreement, your next step should be filing a motion with the juvenile and domestic relations... View More

2 Answers | Asked in Probate and Family Law for Virginia on
Q: Are my late husband's children entitled to proceeds from his inherited house sale?

My husband recently passed away, and he inherited a third of his aunt's house, which was sold after his passing. He has two sons from a previous marriage. Now, his ex-wife has hired a lawyer in Virginia. My husband did not leave a will, and there are no outstanding debts in his estate. Are his... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 14, 2025

I'm sorry for your loss.

The answer isn't a simple 'yes' or 'no'. Without further information you may be entitled to 1/3 of his share and his children the other 2/3, however a critical issue is timing - distribution if his aunt died before your husband is one...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Do I need a signed separation agreement for divorce in VA?

I have been separated from my spouse for 6 months. We don't have children or any assets to divide. I intend to start the divorce process in court, but I do not have a signed separation agreement because my partner is not responding to my emails. I'm under the jurisdiction of Stafford... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 11, 2025

The required separation period for a no-fault divorce in Virginia is 1 year. If the parties have a signed written separation agreement, and no minor children born or adopted of the marriage, the required separation period is reduced to only 6 months. Ideally, a separation agreement is... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for Virginia on
Q: 17-year-old wants to drop charges against 23-year-old boyfriend in VA

In Virginia, my 17-year-old friend wants to drop charges against her 23-year-old boyfriend for having sexual relations, but her parents are insisting that she can't because they dislike him and believe she doesn't know what's best. What legal options does she have?

Elizabeth L Tuomey
Elizabeth L Tuomey
answered on Mar 4, 2025

Only the prosecutor can drop the charge. The case against the boyfriend is Commonwealth of Virginia v. [Boyfriend's name]. The prosecutor represents the state. Your friend can certainly give her input to the prosecutor and the judge; she has a right to give a "victim" impact... View More

1 Answer | Asked in Family Law, Real Estate Law and Military Law for Virginia on
Q: How can I secure my right to stay in my home amid concerns?

I am concerned about my ability to stay in my home. My husband, who is a veteran and has a 100% disability, and I have no prenuptial agreements or any ongoing foreclosure issues. I am worried about potential disputes regarding my rights to the home. What steps can I take to secure my residence?

James L. Arrasmith
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answered on Mar 23, 2025

Your concerns about maintaining your home are valid, especially considering your husband's veteran status and disability rating. Since you mentioned no prenuptial agreement exists, you likely have marital property rights to the home already, but these rights vary significantly by state laws.... View More

1 Answer | Asked in Divorce, Family Law and Military Law for Virginia on
Q: My active duty military spouse says she has filed for divorce but not provided any paperwork or financial support.

Is she required to provide divorce paperwork once she filed? She is also still receiving bah with dependents and is not providing me any financial support during in this time. How much is it to get a court order to have her pay garnished?

James L. Arrasmith
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answered on Feb 27, 2025

When your spouse files for divorce, they must legally serve you with divorce papers according to the state laws where they filed. Despite being in the military, your spouse must follow the same civilian divorce laws as everyone else. You have the right to receive proper notification through formal... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Health Care Law for Virginia on
Q: We need an fertility family law practice attorney who will charge us a per hour fee that won't bankrupt us.

We need a lawyer who will advocate and negotiate on our behalf with the fertility clinics. We need the lawyer to respect our religious beliefs and our family planning goals. We need safe healthcare. We need an attorney with knowledge of healthcare who will advocate for us as we deal with the... View More

James L. Arrasmith
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answered on Feb 8, 2025

Finding an attorney who aligns with your specific needs is crucial. In the Lovettsville, Virginia area, several family law attorneys may be able to assist you.

By carefully evaluating potential attorneys, you can find a professional who will advocate for your rights, respect your beliefs,...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Virginia on
Q: Wife walked out 7/9/24. Won't talk. Need to move for finances. Okay to trash her stuff?

Have to either move or get a roommate. Wife refuses contact. House full of junk. Can I rent a dumpster and clear it out? In Virginia. Left just as I was classified fully disabled and am unable to work.

Carolyn Grimes
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answered on Feb 19, 2025

if it is your wife's property, you should not just trash her stuff. sounds like yo need to file for divorce.

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Virginia on
Q: Pregnant filipina wife threatening to take our unborn child back to.the phillipines before her green card is processed

We are legally married.

James L. Arrasmith
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answered on Jan 21, 2025

This sounds like an incredibly stressful situation, and I understand your concern about potentially being separated from your child. Immigration and custody matters deeply affect families, and it's natural to feel worried.

Your rights as the father are protected under U.S. law since...
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2 Answers | Asked in Family Law and Health Care Law for Virginia on
Q: I need help finding a lawyer to represent me.

negotiate on my behalf with a fertility clinic

personal injury

medical malpractice

wrongful death

Richard Sternberg
Richard Sternberg
answered on Jan 15, 2025

I’ve written this same answer several times on Quora, and I don’t have enough time to rewrite it, so, I’m offering a re-publication from September 2, 2018:

“Lawyers are supposed to aid in the administration of justice, so here are a few ideas:

1. Ask a lawyer you know and...
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