I recommend you not sign or agree to anything until you have retained your own lawyer to advise you.

A divorce is initiated by the filing of a Complaint in the appropriate Virginia Circuit Court. A divorce based on fault must include the basic elements of the fault ground that the Plaintiff will rely on, in numbered paragraphs in the Complaint. A party or counsel signing a pleading, such as a... Read more »

Spouses can enter into enforceable separation agreements in Virginia. The agreement must be in writing and signed by both spouses, or recited in front of a court reporter. A separation agreement is not a requirement for a divorce in Virginia, although it allows a no fault divorce based on a six... Read more »

Divorces easily fall into one of two categories: contested and uncontested. An uncontested divorce typically proceeds as a no fault divorce based on a signed written separation agreement between the spouses. All the incidents and consequences of the marriage have been addressed: spousal support;... Read more »

While the Virginia Court of Appeals has decided that it is possible for spouses to live separate and apart under the same roof, not all Circuit Court judges readily accept that idea. The idea is more popular in certain areas of the state, such as Northern Virginia, where the costs of housing is... Read more »

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

The separation required for a no fault divorce in Virginia must be continuous and uninterrupted. The legally-required separation means the parties are no longer living together as husband and wife. At least one of the parties must intend that the separation is permanent, and that intention must... Read more »

A prenuptial agreement or marital agreement, variously titled as a separation agreement, post-nuptial agreement, or property settlement agreement, must be in writing and signed by the parties to be enforceable. There are usually notarizations or acknowledgement(s) of the signatures by a... Read more »

A contempt proceeding for an ED violation may or may not be a violation of the automatic stay in bankruptcy. The question is whether the purpose of the proceeding is to extract a private monetary remedy (not allowed) or to uphold the dignity of the court (allowed). Some have cast this as civil v.... Read more »

For various good cause shown, a spouse can ask for exclusive possession of the marital residence as part of the pendente lite relief available in a Virginia divorce case. The public policy of the Commonwealth of Virginia is to promote marriage, not to make divorce easy. Marriage provides a... Read more »

In Virginia, a notary public must verify the identity of a person signing the document, either in front of the notary public, or by the signer acknowledging the signature in the presence of the notary public, or via a videoconference if the notary has satisfied the requirements to be an electronic... Read more »

Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a... Read more »

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... Read more »

Nobody will give you a "guarantee" on any response.

By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal... Read more »

Possibly. The Virginia State Bar provides to the public the following information:

Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital... Read more »

If spouses are not able to reach an agreement on how to divide their property and debts, those matters can be submitted to a judge's decision through the process of equitable distribution incident to a divorce case.

Title is not determinative in equitable distribution in Virginia.... Read more »

See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.

Not a legal advice nor any attorney-client relationship.

Hearing dates in Virginia are arranged with the judge's secretary, not the clerk of the court. A party can request, or a file a motion for, a pretrial conference to bring a case in front of a judge in order to set a trial date. The actual hearing date for the pretrial conference would most... Read more »