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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Products Liability and Intellectual Property for Virginia on
Q: I got engaged in January in Richmond Virginia we broke up a month ago do I have to give the ring back??
James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 18, 2020

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

2 Answers | Asked in Divorce for Virginia on
Q: owned the property before marrying.Wife insisted I add her to deed. What happens when we divorce?Loan/mortgage my name?

Had property before marriage, added wife to deed but she’s not on the mortgage loan . I pay all the bills, gas , lights, water, HOA FEES, cellphone etc etc. what happens when we get divorced????

Michael Christopher Miller
Michael Christopher Miller answered on Mar 11, 2020

"f. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: How do I file or know what to file under for a divorce

We have no children or property or joint debt, we arrived in July 16 and she left me in oct 16. She left Va some time later in early 17. I have no real idea of her current location

Michael Christopher Miller
Michael Christopher Miller answered on Mar 9, 2020

You file a complaint for divorce to seek a divorce. If you separated in October 2016, you have been separated for more than a one year, so you can file on that basis.

If her whereabouts are truly unknown, and you have exhausted reasonable efforts to locate her, you can serve her by...
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1 Answer | Asked in Divorce for Virginia on
Q: I was awarded, in a final divorce settlement part of my husbands 401K. How long should it take to receive the funds?
James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 3, 2020

An award of a part of a spouse's 401K plan in a divorce case is transferred with a separate court order known as a Qualified Domestic Relations Order or QDRO. The award should also appear in the Final Decree. The QDRO must be signed by the judge and approved by the plan administrator. As QDRO... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Husband filed for divorce in August 2018 . I tried to file and was told he had 3 yrs proceed

He has since moved out of state and has had no contact. How can I let the courts know that he has no intention of going through with the divorce proceedings? I want to start the process myself.

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 30, 2020

Many lawyers advise their clients to file an Answer and Counterclaim for the very reasons illustrated by your situation. A defendant spouse can file a motion for leave of court to file a late answer and counterclaim due to the failure to prosecute the case by the plaintiff. You would do much... Read more »

1 Answer | Asked in Divorce and Estate Planning for Virginia on
Q: Can a probate court reverse overturn property distribution from a prior divorce decree?

My ex and I divorced 6 years ago. We had a jointly titled exotic car. In our divorce decree, my ex was supposed to pay me for my share of the car before he could retitle it into his name alone. He made a few payments then stopped. He subsequently died and now the executor of his estate is... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 20, 2020

Your question does not match your description of the legal problem. Joint property with a right of survivorship will pass to the survivor upon the death of a co-owner. In Virginia, divorce severs survivorship rights between spouses. The estate would now include your deceased ex-husband's... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Husband is physically and mentally able to work but hasn't for 13+ years. Is he entitled to 1/2 the house & Condo in VA?

My husband and I have been married for 20+ years. We have two children in college and I have covered all household / educational / vacation, etc. expenses for 13+ years. We own a house and a condo. His brother lives in our condo, but I would like to propose that my husband gets our 1 bedroom... Read more »

Thomas Woodward Ashton
Thomas Woodward Ashton answered on Jan 13, 2020

It’s not as simple as that. Virginia is an equitable distribution state, which does not mean “equal” distribution necessarily. The courts look at a series of factors (really just predetermined categories of evidence) in order to determine what division of assets and debts would be... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: When will we be able to get a divorce?

Jan 24 will be a year since we separated but our daughter was born in October. We both agree that we are never getting back together

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 9, 2020

The required separation agreement for a no fault divorce in Virginia is one year from the date of separation, with at least one of the parties intending for the separation to be permanent, and maintaining that intent continuously for the period of separation. If the parties have no minor children... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: My ex's attorney is demanding that I provide him my SSN to file a no-fault divorce in VA, is this true?

we have been legally separated for 3 years. The complaint was filed in 2017 and the case is still active. My ex's attorney is demanding that I give him my SSN in order to file an affidavit to submit to the court. I don't think that I need to provide this confidential information.

James H. Wilson Jr.
James H. Wilson Jr. answered on Nov 22, 2019

The spouses's social security numbers appear on at least two forms in a divorce in Virginia, the VS-4 form for Vital Statistics and a Confidential Addendum for identification purposes. The Confidential Addendum is sealed and confidential in the case file, so members of the public cannot view it.... Read more »

1 Answer | Asked in Contracts and Divorce for Virginia on
Q: What constitutes an unenforceable or void contract?

Neither representing attorneys or judge adhered to the Federal Military Spouse Protection Act regarding community property. I would of been under the 1982 rules. I did not know about this federal act at the time.

James H. Wilson Jr.
James H. Wilson Jr. answered on Nov 9, 2019

Your question contains a mixture of somewhat complex issues and illustrates a conflict between federal and state law. The first issue is preemption. Preemption occurs when exclusive federal jurisdiction and law on specific areas of law prevent action under state jurisdiction and laws, for... Read more »

1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: If the mother has primary custody of her children & the father secondary custody in the state of Virginia does the

Father have to pay child support

James H. Wilson Jr.
James H. Wilson Jr. answered on Sep 23, 2019

It depends. The calculations must be run for each situation.

When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child...
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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: I filed divorce from my husband. My lawyer is telling me to decide on a dollar amount for child support

We have 2 children age 5 and age 11. How do I come up with this figure? Is there a guideline for the state of Virginia? What if I pick a number too high and he won’t sign? How do I know what is fair?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 26, 2019

One does not decide on a dollar figure.

Va. Code 20-108.1 and 20-108.2 lay out in detail how child support is calculated. Both statutes state that the guideline amount determined by the formula must first be calculated by the judge, and is presumed to be the correct amount of child support.

1 Answer | Asked in Divorce for Virginia on
Q: Why would I have to sign documents for my wife to register our divorce in Virginia, we divorced in New York,

We have a son that we share custody of , we came to all the agreements in NY, I have him for 10 nights a month and pay child support, he is now starting kindergarten, i’m not expecting to take him out of school, just not sure why this needs to be signed or is it a Virginia state requirement?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 19, 2019

Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.

Registration...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: in a non-community property state, can a spouse obtain your finances for dates post-separation? How is it relevant?

Ongoing divorce, assets are completely separate, both parties worked and have their own accounts. Wife is now seeking my financial information post-date of separation to present. How is that relevant?

Jessica Wildeus
Jessica Wildeus answered on Jul 26, 2019

During a divorce, many couples go through a process called equitable distribution, which is essentially the division of any property owned during the marriage. One or both spouses may also request spousal support (alimony) or child support.

Obtaining financial documents, especially income...
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1 Answer | Asked in Divorce for Virginia on
Q: I was married in nc but live in va now n my spouse lives in nc can I file for divorce in va

I dont want nothing to do with my children

Jessica Wildeus
Jessica Wildeus answered on Jul 26, 2019

You can file for divorce in Virginia as long as either you or your spouse have lived here for at least six months prior to filing. So if you have lived in VA for at least six months, you can file here.

If your children live in North Carolina, a Virginia court would likely not have...
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1 Answer | Asked in Divorce for Virginia on
Q: I am pregnant, due in January, & husband + I just separated at the end of June. Can I divorce before baby gets here?

The six month waiting period will end only a couple weeks before my due date. I was wondering if I could still manage to get the divorce in the sixth month waiting period before the baby gets here and if so, is there a way to speed the process up? There was abuse, I currently have a protective... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jul 25, 2019

You can get a divorce in Va. with a six month separation if there are no minor children AND you have a written agreement that resolves all issues before the court.

The agreement can be as simple as he keeps his stuff, you keep your stuff, and there is noting for the court to decide, but it...
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2 Answers | Asked in Divorce for Virginia on
Q: I got married abroad. When I immigrated to the U.S. in 1994, my wife did not come. Lost touch, can I get a divorce?
Wayne E. Holcomb
Wayne E. Holcomb answered on May 17, 2019

Very unusual and interesting question. The answer is yes, and we have worked through one of these before here in my firm. Would take too long to outline the process on this site. Contact a good family law firm, and they will be able to help. My best to you.

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1 Answer | Asked in Appeals / Appellate Law and Divorce for Virginia on
Q: I am looking to appeal a final order of a divorce case in Virginia
Michael Christopher Miller
Michael Christopher Miller answered on May 16, 2019

You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry.

You must notice your appeal with 30 days of entry of the final order.

1 Answer | Asked in Child Support and Divorce for Virginia on
Q: Can the length of child support payments be shortened until just 16 if my wife and I agree in a separation agreement?
Michael Christopher Miller
Michael Christopher Miller answered on May 15, 2019

Can you and your wife make that agreement? Yes.

Will the court enforce the agreement if someone chooses to violate, e.g., your wife seeks child support past age 16? Probably not.

Parties cannot contract away the power of the courts to protect the welfare of children. Child support...
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1 Answer | Asked in Divorce for Virginia on
Q: He bought the house before we got married. Of the 10 years he's owned it, we were married 3 years. Am I owed equity?

I have a property division question. He bought the house before we got married. Of the 10 years he's owned it, we were married 3 years and I paid towards the mortgage during this time. I was never on the deed/mortgage, but it's documented that I paid the bills for the house and contributed... Read more »

Lisa Mathews
Lisa Mathews answered on May 7, 2019

Yes, you are probably entitled to a value equal to some amount of equity in the house. In a Virginia equitable division of assets during a divorce, property is divided into three types: marital, separate and hybrid. Marital property is divided between the parties, separate property is left to the... Read more »

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