Virginia Divorce Questions & Answers

Q: My mother in law gave me a cashier check with the minor children name on it. I took the cashier check put it in a

1 Answer | Asked in Divorce for Virginia on
Answered on Jan 7, 2019
Michael Christopher Miller's answer
Va. Code 20-107.3 has your answers.

In a divorce, only marital property is divisible between the spouses. "2. Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision A 3, (ii) that part of any property classified as marital pursuant to subdivision A 3, or (iii) all other property acquired by each party during the marriage which is not separate property as defined above."...

Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...

Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave

1 Answer | Asked in Divorce for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...

Q: alimony payments end upon my ex-wife cohabitating after one year.

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 26, 2018
Wayne E. Holcomb's answer
In short, no you cannot stop paying without a Court's involvement and a new Order. This existing Order remains in effect until a Court enters a contrary Order. You will likely have to prove that she is living with someone else for more than a year however, and at times, that's not as easy as it should be. Contact a local family law attorney for more specific advice.

Q: I am needing to file for a divorce.

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 19, 2018
Wayne E. Holcomb's answer
You will have to give him notice of the divorce filing of course. If we can find him, all the better, but if not, we can provide notice to him by what is called "Publication." That is an established procedure for exactly your type of situation. It involves publications out in California in his case. Contact a local family law attorney to get this process started. Our best to you.

Q: My ex husband filed a divorce against my knowledge and lied about my whereabouts. Is there anyway I can find out what

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 12, 2018
Sharon R. Moss' answer
Under Virginia code he should have filed the Complaint for Divorce in the court in the county/city that you last lived together in Virginia.

Q: How long is a show cause order valid, really?

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Answered on Oct 26, 2018
Gary Kollin's answer
You need a lawyer. You were not successful in your argument.

Q: Can a family law judge make my husband testify under oath whether we cheated on me?

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 19, 2018
Sharon R. Moss' answer
In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.

Q: What are the necessary steps I should take for a divorce? Is that abandonment?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 24, 2018
T. J. Jesky's answer
You need to contact a divorce attorney, in your local area, who specializes in family law. Find an attorney who will give you a free initial consultation. Tell the attorney what happened, and ask the attorney if the marriage can be annulled rather than seek a divorce. There may be a basis for annulment if you can show fraud or a defect in the initial marriage. A good divorce attorney can help you.

Q: My ex-spouse refuse to comply with the order of the court in our divorce decree. Back to court?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 17, 2018
Sharon R. Moss' answer
Yes, you can file a Rule to Show Cause. This allows you to present evidence on how he has violated the order and ask the court to find him in contempt and to remedy the issue.

Q: What are my rights if I am in jail and my wife is trying to divorce me?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 15, 2018
Wayne E. Holcomb's answer
While you are incarcerated, you can always work through family or friends to hire Counsel so that your rights and interests are protected even though you are not able to personally go to your lawyer's office. This is the best plan; your lawyer will come to you. If you are unable to do that however, the Court will appoint a Guardian ad Litem to represent you since, while you are incarcerated, you are considered "incapacitated," in that you are not able to adequately protect yourself. Aside...

Q: Can I file for emergency temporary full custody of my son?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Answered on Sep 14, 2018
Wayne E. Holcomb's answer
You will need to talk to a North Carolina family law attorney to get this done, and I advise you do that quickly as time often matters in this type of determination. Our best to you.

Q: Does alimony have an end date for a marriage of less than 15 years in Virginia?

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 31, 2018
Michael Christopher Miller's answer
The order that provides for spousal support will provide its terminating conditions.

Spousal support can end upon the death of either party, or the recipient's remarriage or cohabitation for a year.

If the court ordered support, then it can likely be modified upon showing a material change of circumstances. Whether retirement constitutes a material change, or can give rise to a modification, is a frequently contested issue.

If support was set by agreement, it is not...

Q: If my name is not on my husbands checking account, can I get into legal trouble by taking half of the money out as mine?

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 30, 2018
Wayne E. Holcomb's answer
Given your facts, it is my opinion, yes, you can withdraw 50 percent of the account if you feel you must leave. There is certainly no criminal activity in your intent; you have actually told him your intent. My sincere advice is to get with a local family law attorney soonest. Often time really makes a difference in how these cases play out; for example, who files what first can actually be and advantage. Our best to you, and here's to your strength. Hang in there.

Q: Ex and I have joint custody, he's custodial, yet won't let me see them. I'm 5 mins away, can he keep them from me!?

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Answered on Aug 22, 2018
Thomas Woodward Ashton's answer
It likely depends on the exact language in your order. Lots of orders out there have standard language that allows "reasonable and liberal visitation as agreed between the parties." The issue in cases where (a) this language is included, and (b) visitation is being denied by the custodial parent, is usually whether the denial is "reasonable." Also, there may be issues if you haven't notified the court of your change of address. However, before you take any action, you should speak with an...

Q: If I have a Divorce agreement that states

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 17, 2018
Michael Christopher Miller's answer
If you and your daughter can be on his policy, he provides insurance at his cost.

If you and your daughter can't be on his policy, but can subscribe to continuation, i.e., COBRA, coverage, he will sign the form, but you pay.

You pay for your and your daughter's care expenses not paid by insurance.

Q: I’m a 64 y/o woman who separated from my husband in December 2015 after 20 yrs of marriage.

1 Answer | Asked in Divorce for Virginia on
Answered on Jul 18, 2018
Wayne E. Holcomb's answer
Good morning. We are sorry to hear what you are going through. Please give our office a call at 757-656-1000 and Tracy will discuss scheduling an appointment for you to meet with one of our attorneys. Holcomb Law, P.C.

Q: can husband give money to girlfriend to buy house / not legal separated or divorced?

1 Answer | Asked in Divorce for Virginia on
Answered on Jul 10, 2018
Wayne E. Holcomb's answer
Well, he can I suppose, but he's using marital money to do it, and he'll have to account for your portion of that money at some point in your divorce. In theory, I suppose you are now part owner of this new house. The loss of the marital home you live in is also a problem; the court would likely call that "waste" and also make your husband make an accounting of that intentional loss of value to your estate. There's too much information you need to know in this limited forum. You absolutely...

Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?

3 Answers | Asked in Divorce for Virginia on
Answered on Jun 26, 2018
Sharon R. Moss' answer
You should be able to get copies from the Circuit Court where it was finalized. Contact the Circuit Court clerk's office in the court the divorce was finalized in and they should be able to help you.

Q: Child support questions in Virginia?

1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Answered on Jun 20, 2018
Michael Christopher Miller's answer
Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement after child support ends is between the parent and child as they agree.

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