Lawyers, Answer Questions  & Get Points Log In
Virginia Divorce Questions & Answers
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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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.

View More Answers

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...
Read more »

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 »

1 Answer | Asked in Divorce for Virginia on
Q: In VA. Divorce- Complaint ent to def. by sheriff and was posted. Def. gave no response after 21 days...what do I do now?

Judge says i did not properly serve the complaint on the defendant.

Wayne E. Holcomb
Wayne E. Holcomb answered on May 7, 2019

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 »

1 Answer | Asked in Divorce for Virginia on
Q: Virginia divorce papers posted to the defendant. No response after 21 days. Does that mean you have to go to court?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 29, 2019

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 »

1 Answer | Asked in Divorce for Virginia on
Q: Virginia 20-99. What does pleadings mean?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 22, 2019

The complaint for divorce. And, any answers or counterclaims thereafter.

1 Answer | Asked in Divorce for Virginia on
Q: 8.01-296 VA code..I've given ALL documents to court and defendent by sheriff postings twice.

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 »

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

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 »

1 Answer | Asked in Divorce for Virginia on
Q: § 8.01-296. Manner of serving process upon natural persons. I have read this statute many times. Can you explain it

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

James H. Wilson Jr.
James H. Wilson Jr. answered on Apr 19, 2019

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 »

1 Answer | Asked in Contracts and Divorce for Virginia on
Q: In Va, has a circuit court rule it has subject matter jurisdiction reverse itself when parties tried to enforce it?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

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 »

1 Answer | Asked in Family Law and Divorce for Virginia on
Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time?dead line to file?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 3, 2019

Yes, file all 3.

Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.

Notice of appeals from circuit court...
Read more »

1 Answer | Asked in Divorce for Virginia on
Q: If divorced from another state and now living in two different states, can a Virginia lawyer help with unpaid alimony?

My in-laws divorced from Kentucky. My father-in-law lives in California and my mother-in-law now lives with us in Virginia. My father-in-law reduced court ordered payments soon after the divorce and now doesn’t pay at all even though my mother-in-law brought him back to court before leaving... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Mar 7, 2019

You need to go to the state where the payor resides to enforce the order.

Only Kentucky, the state that ordered spousal support, can modify the order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.