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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce for Virginia on
Q: What fines are most likely associated with non-compliance with notice requirements per statute in final divorce decree?

Ex-spouse received fraudulent spousal support payments for two years. The ex-spouse also did not notify the other party of the new location as stated in the court order. The divorce decree was entered by the Norfolk Circuit Court in the state of Virginia.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

If there would be any fines, you might be able to find out if you ask your question at Justia > Ask a Lawyer > Virginia > Divorce. It's a matter of Virginia law, not Florida law. If you do, you might want to clarify what you mean by "... Ex-spouse received fraudulent spousal... Read more »

2 Answers | Asked in Divorce and Estate Planning for Virginia on
Q: How do I start divorce proceedings while married, living together, with minor children when the spouse refuses to leave

I want to divorce my husband. He refuses to establish a separation date, so I can’t do a no fault divorce. We live in my fathers house, it’s paid off, and will come to me upon his death through inheritance. There is no established rental agreement. I believe my husbands plan is to wait until he... Read more »

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

A Virginia resident can file for a divorce from bed and board immediately, based on either abandonment and desertion or cruelty and reasonable apprehension of bodily harm. Virginia recognizes contructive desertion, which is essentially a desertion of the marital relationship while the parties... Read more »

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1 Answer | Asked in Divorce, Real Estate Law and Estate Planning for Virginia on
Q: My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 5, 2022

Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: VA- Joint custody -required to discuss decisions and parents disagree on child getting driver's permit.

Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 4, 2022

A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... Read more »

1 Answer | Asked in Divorce and Tax Law for Virginia on
Q: In Virginia I have been separated 3 years but no legal separation exists in state. Can we file single/head of household

We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 13, 2022

The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: What to do when you know that your ex-wife is breaking a court order by leaving the state with the kids every weekend?

Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... Read more »

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

Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: If a divorce decree says property will be left to someone can a will be made after and the property left to someone else

Will the divorce decree outweigh the will since it was agreed to before and a judge signed off on it? A house is supposed to be left to the children. Can a will be made and the house left to someone else even though the divorce decree specifically says it will go to the children? A threat has been... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 16, 2022

A judge's authority in equitable distribution in Virginia is strictly statutory and must be based on the provisions of Virginia Code Section 20-107.3. The judge has no authority to order property to be conveyed to someone other than a spouse.

Any provision beyond the authority of...
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1 Answer | Asked in Divorce for Virginia on
Q: My spouse and I will be attempting in home separation in Virginia. He is an airline pilot. If I take a trip to visit

family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... Read more »

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: My parents have been seperated for 40+ years. My father has become ill and I wanted to know how to get them divorced

My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: If a minor child turns 18 at 8 months into the year-long separation period, can we file for divorce right then?

Assume asset/property division has been agreed upon. Just waiting for the year to be up.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 18, 2022

The separation period for a no fault divorce in Virginia is 1 year. If the parties have no minor children born or adopted of the marriage, and have signed a written separation agreement, the required separation period is only 6 months. The intention to separate permanently must exist continuously... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Is this a breach of attorney client confidentiality in the state of Va?

I am getting divorced. Separated 5yrs. 3 yrs ago I dated a guy who stalked me when we broke up. My soon to be husband hired the lawyer I used for my PO. This lawyer has in writing told his client details of my po case. I’ve read it. Stuff that he only knows bc he represented me. Stuff my husband... Read more »

Sonja Aoun
Sonja Aoun
answered on Jan 10, 2022

Have you notified the attorney that you did not consent to sharing this information? If not, you should do so and ask that he cease representing your husband. Or, you can ask your attorney to make this request for you. Your husband's lawyer should then withdraw from the case.

2 Answers | Asked in Divorce for Virginia on
Q: My husband inherited a house from his mother. He added my name to the deed. We are now going to get a divorce.

Do I have a claim to the house

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 27, 2021

Property received by gift or inheritance during the marriage start as separate property. Separate property may be transmuted into marital property by certain actions that cause it to lose its character as separate property, such as the commingling of funds. Property may also be classified as... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: Want to divorce spouse. all possessions, house, financials, etc are in both names., What is the best way to proceed?

Would like to proceed with divorce but would like to do this in such a way to be completely fair with the spouse and to make sure I can get the fair ruling for myself. We are retired; I'm 74 & she is 68. We both are on Social Security/Medicare & supplementals. No children are... Read more »

Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Good question. I appreciate your desire to be fair. There is a lot to think about here, but at a high level, you'll need to gather and then work through all assets and debts and determine who gets what. Hiring a lawyer is a good idea to make sure that you understand the legal implications of... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Can divorce be granted if there has been no relations in 10 years but still cohabitating with no separation?
Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Great question! It depends on what you mean when you say "no separation." Virginia does allow for something called "in-house separation." This requires that both parties are living as though they are already separated, even if under the same roof. The relationship must have... Read more »

1 Answer | Asked in Divorce and Child Custody for Virginia on
Q: Can I get a woman who tried to run my 8 year old and me off the road listed as an excluded adult on the visitation order

This a a woman who stalked me and my child for years and made threats against me. My ex husband was abusive and has a history of domestic violence. He has been arrested for DMV. He will use this woman and other circumstances to put my son in danger. The woman tried to run my child and me off the... Read more »

Sonja Aoun
Sonja Aoun
answered on Dec 14, 2021

Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.

If you don't have enough evidence for a protective order, you may be able to get an order that...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Can child support be decided upon outside of court in VA?

My wife and I are getting a divorce in VA, we have 2 kids, and we are both very high income earners. This is amicable, there's no fighting or hostility. We have agreed to joint custody. We both would like to have an agreement to split all costs 50/50, verses a set amount of child support. We... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 19, 2021

Spouses can enter into enforceable written marital agreements in Virginia, also known as separation agreements, property settlement agreements, and agreements and stipulations when they address the incidents of separation and divorce. Ultimately, the parties cannot bind a judge by contract on the... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: regarding 20-91 (9), what constitutes living “separate and apart” without any cohabitation?

Can you live under same roof but different beds and/or different floors?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 2, 2021

In Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. A separation in Virginia requires that the couple is no longer cohabitating as husband and wife. Typically, one spouse leaves the marital residence to reside at... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof
answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 21, 2021

She is the widow, and you are not.

1 Answer | Asked in Divorce for Virginia on
Q: I want a divorce. We have 2 children together. What is the first step? He owns his own business and I don't want debit
Lisa Mathews
Lisa Mathews
answered on Sep 23, 2021

You should hire a lawyer. Since you have children, it is going to be important to create a custody arrangement, establish child support, and even though you say you don't want anything from his business, a lawyer can advise you on the consequences of this decision. You want to make sure that... Read more »

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