James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

In Virginia, your military pension can be subject to division in a divorce, regardless of adultery. However, courts may consider adultery when deciding on the division of assets, which could potentially influence the outcome in your favor. It's important to gather evidence of the infidelity to... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

You cannot legally force your ex-wife to file for spousal benefits under Social Security. Social Security benefits are a personal right, and the decision to file lies solely with the individual.

First, review your divorce decree to understand its terms and whether it includes any provisions... View More

Daniel J. Miller Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

If you have not already done so, file a notice of lis pendens and notify the prospective buyer.

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

If you signed the Note then you are personally liable on the debt. After foreclosure the lender/noteholder may file suit to collect for any note deficiency.

There are really two types of spousal support, temporary and permanent. Temporary spousal support, awarded in the Juvenile and Domestic Relations District Court, or as pendente lite support incidental to a pending divorce case, is based on a formula, the creates a presumptively correct amount.... View More

An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... View More

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... View More

Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.

While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v.... View More

A Virginia judge shall deny spousal support to a spouse guilty of the fault ground of adultery, sodomy or buggery committed outside the marriage unless such denial would be a manifest injustice, after balancing the respective degrees of fault of the parties and the relative economic circumstances.... View More

In resolving the incidents of marriage upon separation and/or divorce, the spouses have four choices:

1. Do nothing and allow the issues to remain unresolved;

2. Address each item of property as an individual item as necessary, typically according to actual title;

3.... View More

There are two bases for spousal support: 1. an award by the court; or 2. a stipulation by the parties. An award by the court may be modified upon a material change in circumstances not anticipated by the parties, or the nonoccurrence of a change anticipated by the parties at the time of the award.... View More

There is currently no formula for permanent spousal support, the type awarded upon decreeing a divorce, in Virginia. An award of permanent spousal support, which may be for a fixed term, in a lump sum, or indefinitely until either party dies, or until the payee spouse remarries or cohabits in a... View More