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Virginia Divorce Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Virginia on
Q: My ex and I filed Ch7 in 2015, mortgage was discharged. We divorced 2020 and he quitclaimed home to me.

How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.

David Luther Woodward
David Luther Woodward answered on Sep 8, 2020

You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.

The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.

Good Luck: go see a lawyer.

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1 Answer | Asked in Divorce for Virginia on
Q: My husband is filing for a divorce and It is not my decision. what do I do?

I do not want this divorce. However, I am being left with no choice of my own. We have no children together. He is wanting me to leave. I am afraid that he tries to get me for abandonment when he is the one abandoning out marriage. If I stay, he will be vindictive and try to treat me with such... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Aug 31, 2020

You cannot prevent someone from getting a divorce if they have legal grounds. If there is no fault, a person can file on the basis of separation. At the same time, someone can't force you out of your own home. If he makes the marital state intolerable such that you must leave, you should... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: What is the best and affordable way to execute my divorce?

I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Aug 27, 2020

"If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: i need help regarding the acceptance waiver letter.

my husband has signed that form and I have given him the complaint so he would not be formally served but now my circuit court is saying that I have to fill out a service form. I thought singing this document makes a formal service unnecessary? Am I understanding that incorrectly? Backstory, I... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Aug 21, 2020

It is difficult to answer this question without the opportunity to review your documents. But some circuits have a service form that must be filed with every new complaint letting the court know how service will be made (whether by waiver, private process server, sheriff, etc.). After proper... Read more »

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: So my dad left us for a couple of months and was now living with another woman. My mom wants divorce and he refused

So we just want to know what we can do about it. My dad was basically living with his other woman and he refused to get a divorce from my mom. Also, is there any way my mom can get spousal support?

Sandy Lynne Meade
Sandy Lynne Meade answered on Aug 8, 2020

I'm sorry for your circumstances. One spouse can file for divorce in the state where he/she resides for the last 6 months. She would have to get someone 18 or older to personally serve the other person with the divorce papers. One person can get a divorce from another person without the... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: Am I entitled to any of our 2019 refund? We filed jointly, divorced in Feb 2020
Afsana Chowdhury
Afsana Chowdhury answered on Jul 17, 2020

It depends on what your marital settlement agreement/final order of divorce says.

1 Answer | Asked in Divorce and Child Support for Virginia on
Q: My ex and I have 50/50 custody 9 years now. She's never enfotced the CS amount (250)but is now asking for 9 years worh.

Can she ask for this? We've made the same money roughly for 9 years and share every cost 50/50 between our 2 sons. She wants back pay now totaling 40k which I cannot pay.

Michael Christopher Miller
Michael Christopher Miller answered on Jul 16, 2020

The short answer is "yes." Each child support payment ordered by a court becomes a judgment as the payment becomes due and payable. It also carries a 6% judgment rate of interest.

Additionally, if ordered to pay via Depart. of Social Services, and you pay the other parent...
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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 »

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