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Virginia Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Under what grounds can I reopen a PSA in Virginia?

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... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
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.... Read more »

0 Answers | Asked in Family Law for Virginia on
Q: Can my parents force me to practice a religion?
0 Answers | Asked in Family Law and Child Custody for Virginia on
Q: My daughter was taken today by DCF and I was never informed of her being taken are interviewed before she placed

My family was never informed contacted and given the opportunity to get her she is two days old I have court today

0 Answers | Asked in Family Law for Virginia on
Q: Can I get an annulment if the license was wrongfully approved?

seeking annulment as the ceremony was held out of the state where the marriage license was applied. Also, the minister who preformed the ceremony was not licensed in that state.

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Virginia on
Q: how to terminate a parents parental rights of my almost 7 year old daughter who her father has never seen

he refuses to give me his physical and up to date address

0 Answers | Asked in Family Law for Virginia on
Q: Can I request for mediation outside of court?

If the judge advises parents to go to mediation, is that strictly through the court? Can I request mediation outside of court? I would like to do mediation with a lawyer if the other party is in agreement. How can I suggest this and when would I suggest it?

0 Answers | Asked in Family Law for Virginia on
Q: Should I wait until paternity has been established to obtain a lawyer?

My ex filed for paternity custody and visitation of my child. There’s a possibility he is not the father. I don’t want to have a lawyer go to court for paternity if he’s found to not be the father because at that point custody and visitation would be dismissed. Is this the best route or is it... Read more »

0 Answers | Asked in Divorce and Family Law for Virginia on
Q: Does a spousal support order have to be in the divorce decree?

During the period of separation the spousal support was put into a final order with no details about how long it was to be paid in VA (there was no divorce filed at this time). Four months later after filing for a divorce, an absolute divorce decree was granted in NC. Do I still pay the spousal... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Is 20 yrs a magic # for permanent spousal support in VA or is there little difference if one files divorce after 19 1/2?

62-year-old spouse has been a stay-at-home parent the entire time.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: I need help with separation of assets from my domestic partner of 8 years. I am unable to have a conversation with him

because of the verbal abuse I receive. I have endured verbal abuse over 8 years. I am basically afraid to talk to him because of his anger issues. (This is the reason for my request for him to leave.) I have tried on numerous occasions to talk about the details of separating assets but it starts... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 7, 2023

It is not clear from your answer if you have a recognized legal civil relationship or not. If so, you may have the option of divorce with equitable distribution of property.

If any person sharing a household with another is suffering from family abuse, a defined term in Virginia, he or she...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: When is a guardian at litem assigned to a custody case? Can I do mediation outside of court without a GAL?

Paternity has not yet been established but if he is found to be the father, he has also filed for custody and visitation. He has stated that he would like to do mediation. I would like to do mediation but outside of court with the other parent and a lawyer. Would a GAL be appointed in this... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 5, 2023

In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My wife wants a divorce. I have been in the basement for 8 months. If I sign contracts on a house to move is that ok?

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... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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... Read more »

1 Answer | Asked in Family Law, Immigration Law, Personal Injury and Child Support for Virginia on
Q: Help:Request for my wife separation results immigration status and separation my son i want to stay with my son in USA

Hello

Because of my wife disloyal and separation which impacted my personal health, mental loss, financial loss, separation from son, insult,harassment,visa loss, financial loss to 25 lakh, medical expenses spent close 3 lakhs, bad name in my previous company, begged for money , begged for... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... Read more »

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Can something you say in an email be the difference between winning and losing a lawsuit?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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... Read more »

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1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: We share joint legal and physical custody and have “visitation as agreed upon by both parties”, how is that enforced?

My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?

Can a show cause be enforced against me since there is no concrete schedule in place?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Feb 6, 2023

That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If my teen decided she no longer wants to go to her father's, do I have to make her?

I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 22, 2022

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Can Virginia make you pay child support for a child over 18 if they have disability?

My fiancees son never received disability as a child and applied on his own and got it and is his own guardian and moved out of his mother's house and they still want him to pay her child support.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 20, 2022

Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:

"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or...
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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.
PREMIUM
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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1 Answer | Asked in Family Law for Virginia on
Q: How can my mother gain emergency guardianship of my son without my consent?

I reside in Virginia which my son was born. My mother has been watching over him for me while I work to get my house together. She goes & files for emergency guardianship which she claims was granted in Delaware without my knowledge or consent

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 14, 2022

The jurisdiction over, or power to decide, interstate custody and visitation disputes is based on the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA, a uniform law adopted in almost all the states. The purpose of the UCCJEA is to require a connection between the residence of the child... Read more »

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.
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 »

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