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Virginia Divorce Questions & Answers
2 Answers | Asked in Divorce and International Law for Virginia on
Q: Hello, I have a question regarding an incomplete divorce, it appears the subjects are separated but says property is not

The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 29, 2024

In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3... View More

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1 Answer | Asked in Real Estate Law and Divorce for Virginia on
Q: Can my husband of 17 years sell a house in Va without my consent even though my name isn’t in the deed .
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 2, 2024

Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More

1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Wife petitioned for custody/spousal support after a separation agreement was signed waiving these, what happens next

We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More

Jordan A. Fanney
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answered on Mar 22, 2024

For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More

1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: I was married 26 yrs and was not on the loan. I got ssi in 2020 . We sold house 2021. Earnings from sale affect ssi?
James L. Arrasmith
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answered on Mar 8, 2024

When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband lives in Philadelphia and served with divorce papers. I live in Virginia. He is retired military! I want ever

I want everything that is available to me. Do I have to get an attorney from Philadelphia

Jordan A. Fanney
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answered on Mar 8, 2024

I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Just got info of my husband’s infidelity. Can I confront him?

Pictures and videos from last years of our marriage. How do I handle this?

Karen  Ulmer
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answered on Mar 7, 2024

Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I am inquiring if my spouse filed for divorce, as I have not heard from or seen him in years.
Jordan A. Fanney
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answered on Mar 6, 2024

If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?

We are sleeping separately in different rooms.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 28, 2024

In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?

All child support/custody is settled as well. How can he force me to stay married while living with his mistress?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 20, 2024

A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I have been separated from my Wife FOR YEARS...I want a divorce and so does she.

We were married at the Warren County North Carolina Justice Of The Peace...How Do I Get Divorced in a another state that I no longer reside in

Jordan A. Fanney
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answered on Feb 18, 2024

You do not have to get divorced in the state you married in. If neither you nor your wife live in North Carolina, North Carolina may not be an option for you. Check your state's law to determine where you should file for divorce. In Virginia you typically file in the city or county where you... View More

1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I file for a divorce without my spouse in Virginia?

My spouse is trying to keep in a marriage against my will.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 16, 2024

A divorce can be obtained in Virginia without the mutual consent of the parties, provided the appropriate Circuit Court has jurisdiction. If a spouse wants to affect his or her spouse's property rights, the court must have personal jurisdiction over the defendant spouse, which requires some... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I'm a US citizen, but I got divorced in a foreign country. How do I get that recognized in Virginia?

The principles of comity (what I understand of it) were met (i.e. notice was given and the spouse filing for divorce had residency there).

What do I have to do to get that divorce registered here in Virginia where I live? Do I need to file something, get a foreign order registered, or do a... View More

Jordan A. Fanney
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answered on Dec 19, 2023

If a valid divorce is granted in a foreign country there generally is no requirement to have the order registered in Virginia. Virginia, under principles of comity as you have mentioned, generally recognizes foreign orders so long as they don't violate an important Virginia public policy.... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Virginia on
Q: Who can assist me with a quitclaim deed document?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

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