Virginia Divorce Questions & Answers
Q: If divorced from another state and now living in two different states, can a Virginia lawyer help with unpaid alimony?
Michael Christopher Miller's answer
You need to go to the state where the payor resides to enforce the order.
Only Kentucky, the state that ordered spousal support, can modify the order.
You need to go to the state where the payor resides to enforce the order.
Only Kentucky, the state that ordered spousal support, can modify the order.
Q: What are the notices required for spousal support and what do I need to include in the paper work for divorce?
James H. Wilson Jr.'s answer
Virginia Code Section 20-107.1(H) sets forth the required notices for court-ordered spousal support only, while Virginia Code Section 20-60.3 sets forth the required notices for court-ordered spousal support where the parents have a mutual child support obligation. Local practices in Virginia vary, but generally the required support notices can appear either in a written separation or custody agreement incorporated into a court order, or only in the court order itself. The notices provide...
Virginia Code Section 20-107.1(H) sets forth the required notices for court-ordered spousal support only, while Virginia Code Section 20-60.3 sets forth the required notices for court-ordered spousal support where the parents have a mutual child support obligation. Local practices in Virginia vary, but generally the required support notices can appear either in a written separation or custody agreement incorporated into a court order, or only in the court order itself. The notices provide...
Q: Is it possible to get a divorce case transferred from another state to Va? If so, would the court make that determinat?
Wayne E. Holcomb's answer
Certainly if you agree, you can dismiss your divorce suit in another state and, in essence, move it to Virginia--to file after you have lived here for at least 6 months. Even if you both do not agree, in some cases, the party that started the suit, can dismiss it there and refile here in VA. The best move for you now is to contact a VA family law attorney and run the facts by him or her for a more specific recommendation. Our best to you.
Certainly if you agree, you can dismiss your divorce suit in another state and, in essence, move it to Virginia--to file after you have lived here for at least 6 months. Even if you both do not agree, in some cases, the party that started the suit, can dismiss it there and refile here in VA. The best move for you now is to contact a VA family law attorney and run the facts by him or her for a more specific recommendation. Our best to you.
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
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."...
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?
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...
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
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...
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.
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.
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.
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.
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
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.
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
Answered on Oct 26, 2018
Q: Can a family law judge make my husband testify under oath whether we cheated on me?
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.
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?
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.
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?
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.
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?
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...
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
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.
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?
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...
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?
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.
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: If I have a Divorce agreement that states
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.
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.
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.
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.
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