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Virginia Divorce Questions & Answers
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 »

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...
Read more »

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 »

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