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 »
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 »
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
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 »
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.
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 »
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.
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 »
Father have to pay child support
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... Read more »
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?
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.
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?
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... Read more »
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?
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... Read more »
I dont want nothing to do with my children
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... Read more »
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 »
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... Read more »
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.
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.
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... Read more »
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 »
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 »
Judge says i did not properly serve the complaint on the defendant.
If you have verification that the Complaint was served by the Sheriff, it is possible that the certificate of service from the Sheriff did not make it to the Judge's file? Or was there question about the address? There is also a general requirement to follow posted service with a mailing. Without... Read more »
If served by posting, you still have to give notice, etc. and proceed.
Va. Code § 20-99 provides you can forego notice if served personally. "5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296, and the... Read more »
The complaint for divorce. And, any answers or counterclaims thereafter.
Defendent did not respond and is well beyond 21 days. I told clerk i wanted to pursue judgement by default. Clerk said there are some papers to fill out. What papers? Clerk told me I was almost done and had only one thing left to do but couldn't tell me what. Do I have to write a letter to the... Read more »
Judgments or decrees by default are not allowed in divorce or annulment cases in Virginia.
Rule 3:19 of the Rules of the Supreme Court of Virginia provides as follows:
..."(c) Default Judgment and Damages.
(1) Except in suits for divorce or annulling a marriage, the court... Read more »
I served the divorce complaint by sheriff service. The judges telling me that I did not properly serve the complaint. I'm not sure what to do next
The starting point for service of process in divorce cases is Virginia Code Section 20-99. The primary consideration in service for divorce cases is the relief sought. Under the concept of divisible divorce, a marriage consists of two components - a legal relationship or res, and property rights... Read more »
In a final divorce decree, a Chesapeake Circuit judge ordered it had subject matter jurisdiction to incorporate the parties' separation agreement and for the parties to strictly comply with its terms. When one of the parties attempted to enforce the terms of the incorporated agreement, the very... Read more »
Although I do not practice law in Virginia, many generic legal questions are answered the same way in all states. For example, most states have adopted the same laws in areas that lend themselves to interstate enforcement through compacts, including issues that arise in divorce proceedings that... Read more »
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