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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Civil Litigation for Virginia on
Q: How long do I store my wife's items in my home before I can remove them? Left 16 months ago. Divorce not final yet.

I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 28, 2021

I regret that I do not handle domestic relations and/or divorce law matters. Sorry.

1 Answer | Asked in Divorce for Virginia on
Q: My wife wants to separate an take the kids 1100 miles away for a month and keeps demanding I agree to what she wants

What should I do ?

James H. Wilson Jr.
James H. Wilson Jr. answered on May 12, 2021

Unless there is a court order in place addressing custody, visitation and support, both parents have equal rights to, and responsibilities for, their minor children. After the parties have separated, a parent may file petitions for the determinations of child custody, visitation and child support... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Who do I contact to see if the Court System has processed my final divorce documents? Ex wife’s lawyers filed the docs.

My ex wife’s lawyers created and filed the final divorce documents. I would like to get a copy of it and make sure it has actually been filed and processed. I want to have verification that we are legally divorced.

Sonja Aoun
Sonja Aoun answered on May 4, 2021

Some courts have this information online, but you can also call the Circuit Court clerk's office for the Virginia city or county where the divorce was filed. That's usually where you and/or ex lives.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

How can I get a subpoena without a lawyer?

May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him

Sonja Aoun
Sonja Aoun answered on Apr 29, 2021

In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »

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2 Answers | Asked in Divorce for Virginia on
Q: I have been done wrong by two lawyers that i have paid. Is there a lawyer who would help contingent on payment after?

Pay after settlement We have been separated for two years now

James H. Wilson Jr.
James H. Wilson Jr. answered on Apr 16, 2021

Fees are negotiable between client and lawyer. Although there are often substitutions of counsel in family law matters, which tend to be more emotional than other practice areas, many lawyers would be concerned about a client who has had unsatisfactory working relationships with two lawyers. You... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: Try to ask a question to divorce lawyer in Virginia. Marriage is invalid under the United States Uniform Marriage

Marriage is invalid under the United States Uniform Marriage for these reasons: a marriage in which one party has a sexual physical defect. American law also stipulates false marriages as invalid marriages. U.S. law provides for these conditions for revocable marriage: a marriage in which one party... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 27, 2021

You have been misinformed and most of your statements are incorrect or erroneous. The validity of marriage is largely a state law matter. Different states have different requirements for a valid marriage. While there are some common elements in many states, any person considering the validity of... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: In VA, what are the consequences of violating a court order regarding overnight contact with paramour? See more info.

The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: How do I prepare for a hearing over mutually agreed upon child support and custody in official divorce decree?

My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 16, 2021

Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: My ex and I agree to modify the morality clause to set a timeline of 6 months in a relationship before overnight stays.

Can I file an amendment myself in Bedford County, by typing the amendment and having us both sign it and having it notarized?

Would I then just take it to the court to be filed and pay court costs?

Wayne E. Holcomb
Wayne E. Holcomb answered on Mar 10, 2021

Unfortunately, probably not. There is a procedure that one must follow involving a Motion to Amend, but sometimes before that, we lawyers might have to file something to get the matter "before the court" A court cannot rule on something that's not rightfully in its view--even a... Read more »

1 Answer | Asked in Criminal Law and Divorce for Virginia on
Q: Is this considered physical abuse? A husband and wife are in a heated argument. It escalates into a war of words.

He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.

He proceeds to start dumping her stuff rudely in the... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2021

The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.

2 Answers | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: What kind of lawyer do I need to talk to about custody of children?

Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 2, 2021

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

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1 Answer | Asked in Divorce for Virginia on
Q: In Virginia, where should a waiver of notice be sent after it is signed?

My husband lives in NC. After he signs the waiver of notice in front of a Notary Public, does he mail it to the court clerk's office in Virginia where I filed?

Michael Christopher Miller
Michael Christopher Miller answered on Feb 8, 2021

The acceptance of service and/or waiver of notice gets filed with the court clerk.

He can do it. You can do it. It just needs to get into the case file.

1 Answer | Asked in Contracts, Copyright, Divorce and Real Estate Law for Virginia on
Q: In order for an attorney to pass the bar exam, is it safe to say they need to know a little bit of everything?
Richard Sternberg
Richard Sternberg answered on Feb 7, 2021

Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I legally claim child on 2021 taxes and what is required to do so? I live in VA.

Divorce decree states ex claims child on taxes. Joint custody but ex never sees child and child lives with me 100% of the time. Child support terminates when child turns 18 or graduates which will both occur in June 2021. Since child turns 18, lives with me, and I will support fully for 6 months... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jan 19, 2021

The tax deduction can either be a part of child support or a part of custody. The custody provisions in a court order expire when a child turns 18 years of age. The support provisions also end upon age 18 unless the child remains in high or has a disability. So, in your circumstance, arguably, the... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I want to cancel a life insurance policy on my ex-wife. It is part of our divorce agreement.

we are divorced 20 years. In the final divorce agreement I am required to keep this policy. The afeement does not say for how long. My ex and I have terrible relationship. The policy keeps going up and up. I have a loan against it that may cause the policy to implode this year or next. I need... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jan 14, 2021

An agreement is a contract. A contract can be changed by the parties, not the court.

2 Answers | Asked in Divorce and Real Estate Law for Virginia on
Q: Good evening, I recently divorced my spouse and want to have his name removed from my mortgage loan. Is that possible?

My home is located in Virginia Beach

Richard Sternberg
Richard Sternberg answered on Dec 16, 2020

That's something that should have been resolved in the divorce settlement. You'll need to refinance, assuming you can carry the house on your income, including alimony, alone.

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1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: My wife and I are having issues. We have 2 houses in her name with a POA. Can she sell the property

I travel overseas for work and have given full POA to my wife. We are having issues and I am afraid she may sell our properties and take all the money. I am not sure if she can take all the proceeds from the sale? What can I do to protect my share? 2 houses in NJ and one in VA.

If she... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Dec 14, 2020

You can revoke a power of attorney at any time. It's as simple as "I hereby revoke the power of attorney given to (name) dated (date)." and then sign it, give her a copy, and make a written note on a copy when you handed it to her. Mail copies to banks, tenants, and anyone who deals... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: How do i remove my spouse from "my" home due to him not coming home days at a time (repeatedly)?

I've a signed prenuptial agreement indicating the ownership of my property.

James H. Wilson Jr.
James H. Wilson Jr. answered on Nov 29, 2020

You should consult with an experienced Virginia divorce lawyer to discuss all the circumstances and your best course of action. You may want to record the prenuptial agreement in land records. You might discuss whether you can just change the locks and notify him that he is no longer welcome... Read more »

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 »

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