I’m getting an uncontested divorce and under the terms of our agreement, refinance is scheduled to occur in a timeframe not to exceed 4 yrs. The loan is joint and so is the title. We have decided, I will stay in the house; can I change the title to my name via a quitclaim deed? Is it straight... View More 
answered on Nov 15, 2023
Any attorney that practices in the area of real estate should be able to assist you. I have drafted many deeds being executed pursuant to a divorce or a settlement agreement. However, when both parties are on the title to the property, I have never used a "Quitclaim" deed, but instead I... View More
Been married since 2012, and the house has been our family home since. He never added me to the deed or loan claiming I couldn't be on them because we weren't married. I have paid into the mortgage for several years and i have paid for upgrades, repairs and maintenance. Utilities are in... View More
answered on Nov 8, 2023
Equitable distribution is a 3 step process in Virginia. First, the judge classifies all property as marital, separate, or hybrid - a mix of marital and separate. The judge also classifies debt as marital or separate. Second, the judge gives a valuation to all items of marital and hybrid... View More
When the parent that's has custody never lets the one that don't see them unsupervised
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answered on Nov 5, 2023
If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More
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answered on Nov 5, 2023
In custody negotiations, if you propose an agreement with multiple points, the other party is not obligated to accept all terms as presented. They may choose to agree to some points while rejecting or wishing to negotiate others. Each point can be independently considered and negotiated. It's... View More
Is that legal
answered on Oct 27, 2023
Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the... View More
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answered on Oct 26, 2023
In Virginia, property you owned before marriage is generally considered separate property, and your spouse may not have a legal claim to the equity accrued in the home. However, several factors can influence this, such as any changes in the property's character during the marriage,... View More
answered on Oct 27, 2023
If the spouses are unable to agree on the division of marital property, a judge sitting in equitable distribution incident to a divorce can divide marital property and allocate marital debt. The first step for the judge is to classify all property as separate, marital, or hybrid - a combination of... View More
I've seen a form in some areas of Virginia but others not. Is it the same petition form as a divorce?
answered on Oct 20, 2023
I’ve had annulments before, and I’d suppose that’s what this is. It’s either contested or uncontested, but either way, it’s not a form. There may be forms that help you prepare it pro se, but it’s a Complaint. And, if you were defrauded, there may be damages. I’d suggest you start... View More
I've seen a form in some areas of Virginia but others not. Is it the same petition form as a divorce?
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answered on Oct 20, 2023
In Virginia, if you've determined that your marriage is void ab initio (meaning it was invalid from the beginning), you can seek a decree confirming this from a local judge. The specific process and forms may vary depending on the jurisdiction within Virginia. You can start by contacting the... View More
My child is 32yrs old and never received any support .It was an agreement made in the presence of the lawyer.
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answered on Oct 19, 2023
In Virginia, if there was a formal agreement made in the presence of a lawyer regarding child support or financial assistance, and it was violated, you might have grounds to take legal action. However, the age of the child and the length of time that has passed could complicate matters. Statute of... View More
We live in Locust Grove VA
answered on Oct 5, 2023
A Virginia Circuit Court judge sitting in an equitable distribution hearing has several options with respect to jointly owned real property. The judge can order the conveyance to either party, permit either party to buy out the other and order the assumption of indebtedness, or order the sale of... View More
We live in Locust Grove VA
answered on Oct 5, 2023
The party to whom the home is awarded by the divorce court. The court can also order that the home be sold and can award the net proceeds to one spouse or can divide the net proceeds between the spouses. The court can also award the home to one spouse and order that spouse to pay the other a sum... View More
final decree has not been entered due to an incomplete filing and has not been reviewed by chambers
answered on Oct 3, 2023
Virginia Circuit Court judges use law clerks to review the uncontested divorce filings. The law clerks are typically relatively recent graduates of law schools, who work as clerks as their first job out of law school. They review the file before submitting it to a judge for his or her final... View More
Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?
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answered on Aug 25, 2023
Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The... View More
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answered on Aug 17, 2023
In Virginia, the legal code 18.2-456(a)(6) relates to obstructing justice by providing false identification to law enforcement officers with the intent to deceive. It's a Class 1 misdemeanor. Depending on the seriousness of the situation, law enforcement may issue a summons or a warrant for... View More
My spouse & I have been separated for a year now, we have 1 minor child. We have a signed/notarized PSA and now my spouse wants to file for divorce now and not have the PSA included. The signed/notarized PSA states we sell the house and pay all outstanding bills with the equity. Spouse now... View More
answered on Aug 17, 2023
A spouse served with a Complaint for Divorce in Virginia has 21 days to file a responsive pleading. Typically, if the defendant spouse did not agree to the allegations in the Complaint, the responsive pleading would be an Answer and Counterclaim, starting a contested divorce case.
It is... View More
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answered on Aug 10, 2023
In Virginia, after a divorce has been finalized, it is possible for one of the ex-spouses to request a modification to certain aspects of the divorce agreement. However, the ability to modify a finalized divorce decree depends on the specific circumstances and the issues being addressed.... View More
He is now claiming medical issues and has petitioned the court for modification. Although he is employed with a 1099 position.
Can he actually be forgiven of his arrears?
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answered on Aug 3, 2023
In Virginia, child support arrears typically continue to be owed until they are paid off in full, even after the child reaches the age of majority (usually 18). Interest may continue to accrue on unpaid arrears as well. The court may order modifications to child support orders based on substantial... View More
answered on Jul 24, 2023
If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More
answered on Jun 24, 2023
In any way? Well, of course. If your boyfriend commits a crime, your father can report it. Indeed, if your boyfriend does not commit a crime, your father can make a false report of it thereby subjecting himself to a charge of False Statement or even perjury. But, if you are asking whether the... View More
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