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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Libel & Slander for Virginia on
Q: My parents are going through a divorce and my mom is making false financial abuse claims against my father.

No

Steven Krieger
Steven Krieger answered on Jun 30, 2020

You have no responsibility to do anything. While your parents divorce certainly impacts you, you do not have any legal responsibility to do anything or be involved. If you WANT to be involved that's a different story and you could be involved as much or as little as you feel comfortable with,... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: In Virginia, is a mortgage, after separation date, considered a marital debt, including Principal, Interest, and tax?

Wife abandon the marriage and left for me to take care of the mortgage (principal and escrow). She is living in a mortgage free home in an other area. Am I entitled to be credited/reimbursed any of the mortgage or will I be responsible for the full cost.

Also does all of the equity,... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Jun 19, 2020

Debt accrued during the marriage, such as a mortgage, is considered marital and is distributed equitably in a divorce. This also applies to the division of equity. Equitable does not mean “equal”. It means fair. To make an equitable division, courts generally consider each party’s separate... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: simple question. if you get a divorce and one partner files for banruptcy can they touch the house you still both own?

bankruptcy would include credit cards and medical bills only

James H. Wilson Jr.
James H. Wilson Jr. answered on Jun 4, 2020

It depends on the type of bankruptcy and the title to the real property. For the most part, a bankruptcy trustee steps into the shoes of the debtor, a creditor of the debtor, or a good faith buyer of property, and can exercise those rights. The strong-arm powers of a trustee allows a trustee to... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: How do I verify whether someone has started filing for divorce?

I have a friend showing interest in me but I know she is married. She said she has filed for divorce but not finalized yet. I said I am not going to involve with a married woman. She looks like a good person. Is it worth it verifying?

Michael Christopher Miller
Michael Christopher Miller answered on Jun 3, 2020

Ask her for the case number. Go to the circuit court. Ask to see the file.

1 Answer | Asked in Divorce and Immigration Law for Virginia on
Q: How do I find that my wife might had used my identity without my concern to file a I-130 and I-864 for her mother?

I am a US citizen and my wife is a naturalized US citizen from Philippines. My wife never had a stable job or good credit history. I have a stable job with US military and good credit history. My wife and I are not in good terms for a while started our divorce process now. She has several... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 2, 2020

You can't. It is your wife's I-130 petition, not yours. That said, it seems like you should divorce her.

Note, If you never signed the I-864a or I-864 form, then you certainly have a defense. Your wife may have even secured a different joint sponsor for her mom. In general, the...
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1 Answer | Asked in Divorce for Virginia on
Q: How long do you have to appeal uncontested divorce? Ex was seeing someone and ended up pregnant before finalization.

After our 6 months of separation, I believe that my ex got pregnant. I was unaware of this and our divorce was finalized by the judge in April. How long do I have to appeal or is it not possible since it has been 30 days since the final decree.

Michael Christopher Miller
Michael Christopher Miller answered on May 20, 2020

Orders are final after 21 days. Rule 1:1(a).

Appeals must be filed within 30 days. Rule 5A:6(a).

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: Planning divorce - working on separation agreement, how simple can it be? Can we just agree to make no claims?

If we can't just say something along the lines of: "everything is divided the way we want, we are and will remain happy with this agreement." would a judge just throw that out when it came time to file the divorce? For context, currently she is a student with no income and upon... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 15, 2020

A lawyer cannot represent both parties in preparing a separation agreement. Either spouse can agree to separate, live separate lives as if unmarried, and waive or give up their rights against the other in a written separation agreement. The court will look out for the rights of minor children,... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: I have a court order to receive payment by a private person exceeding $15,000 and that person refuses to pay

Awarded retirement back pay

James H. Wilson Jr.
James H. Wilson Jr. answered on May 14, 2020

In a divorce in Virginia, an award for distribution of part of an ERISA retirement plan should be evidenced by a separate Qualified Domestic Relations Order, or, if not an ERISA plan, by a Domestic Relations Order. The QDRO must be approved by the plan administrator, who then separates a portion... Read more »

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: If we decide to sell the house as part of the separation agreement, do we need to wait for Divorce or can start now?

If we think the right thing to do is sell the house and divide the sale money, can we put up the house on sale after signing the separation agreement? However, if we decide to do one spouse buyout, does the price of buyout will be determined on the day of divorce?

James H. Wilson Jr.
James H. Wilson Jr. answered on May 14, 2020

With the cooperation of his or her spouse, a married person can sell his or her house whenever he or she chooses to do so. If the sale is part of the dissolution of the marriage, it would usually be to the advantage of that spouse to have a comprehensive written separation agreement addressing all... Read more »

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2 Answers | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Is the non custodial parent responsible for continuing child support after high school?

Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 13, 2020

A parent has a legal obligation to support his or her minor children until age 18, or until 19 if the child is still living in the home of the custodial parent and has not yet graduated high school. A parent has no legal obligation to support an adult child above age 18 or 19 unless he or she... Read more »

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2 Answers | Asked in Divorce for Virginia on
Q: divorce that was filed before covid19 scheduled for april . It was an adultry . can it be changed to uncontested?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 28, 2020

Yes.

Va. Code § 20-121.02. Decree of divorce without amended bill or amended cross-bill.

In any divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such...
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1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: Should I file for divorce/child support in MD or VA? Which state is best for my child? I live in VA, he is in MD.

It’s almost been 1 year and I was ready to file in VA but I’m reading MD is better for child support. Is this correct?

Michael Christopher Miller
Michael Christopher Miller answered on Apr 24, 2020

Your choice of court is not determined by gained benefit but rather jurisdiction.

If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.

If you want to do property, financial, money matters, etc., you need personal...
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1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: Divorced and ready to sell home have agreement that it is ex wife’s property and ex has no claims to it is that enough?

I grew up in the home in question and per our separation agreement I got sole rights to this property once divorce was final now 2 years later, I have since remodeled and out grew my home so do I need to consult with my ex husband to sell or is my signed document that’s notarized enough to sell... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 23, 2020

First, your question assumes that the home was in both of your names. If so, usually the Property Settlement Agreement (PSA) will say that one spouse to convey title to the other. If that has not happened, then your ex husband may still be on the deed and he may be needed to sign documents. So, I... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My spouse is the nominee for her parents international bank. Can I use that towards equitable distribution in VA?

I would like to know what course of action I have to make sure that she doesn’t get like 50% of our joint marital property while also having full inheritance of her parents bank cash. Can that nomination be used to help reduce our martial property distribution?

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

There are several issues to be addressed in your question. First of all, there is no presumptive 50-50% split of marital property in equitable distribution in Virginia. In fact, in published opinions, the Court of Appeals has repeatedly corrected a number of lawyers and trial judges who believe... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Divorce finalized in 1997 with the details to be determined at a later date. Can my spouse ask for property now in 2020?

Filed for divorce in Chesapeake in '96. In '97, I was stationed overseas, and flew back for the divorce hearing. My spouse did not respond to anything about the hearing, but had a lawyer call in to ask for a continuance. Judge did not grant delay since I was able to make it and was active... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 17, 2020

It depends upon what the final order of divorce says. It is possible, but highly unlikely that the court ordered the marriage be terminated but then ordered that matters of equitable distribution, support, etc. are left open indefinitely.

Va. Code 20-107.3 provides for divorce and property...
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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... 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... 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 »

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