Get free answers to your Divorce legal questions from lawyers in your area.
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
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 
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
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
Is she required to provide divorce paperwork once she filed? She is also still receiving bah with dependents and is not providing me any financial support during in this time. How much is it to get a court order to have her pay garnished?
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answered on Feb 27, 2025
When your spouse files for divorce, they must legally serve you with divorce papers according to the state laws where they filed. Despite being in the military, your spouse must follow the same civilian divorce laws as everyone else. You have the right to receive proper notification through formal... View More
He offered to pay a hefty amount per month in alimony and give up full rights to the house - amongst a few other things in the signed agreement. Since, he stopped paying all together and refused to sign over the house. Now, I've filed for divorce and he's trying to get it all changed. Is... View More
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answered on Feb 19, 2025
the answer really depends on what is written in the agreement as to whether the alimony (spousal support) is modifiable. You may need to have a lawyer review your agreement to answer your questions.
Have to either move or get a roommate. Wife refuses contact. House full of junk. Can I rent a dumpster and clear it out? In Virginia. Left just as I was classified fully disabled and am unable to work.
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answered on Feb 19, 2025
if it is your wife's property, you should not just trash her stuff. sounds like yo need to file for divorce.
I recently retired from the service with 20yrs in. I'm also staying the divorce process after 17yrs because she cheated with another man. My VA rating is over 50% meaning in getting 2 payments for retirement. Can the adultery affect her compensation from my retirement? It's my disability... View More
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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
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 income (just the way she is)
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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
I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More
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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.
Been married since 2012, and the house has been our family home since. He never added me to the deed or loan claiming I couldn't be on them because we weren't married. I have paid into the mortgage for several years and i have paid for upgrades, repairs and maintenance. Utilities are in... View More
answered on Nov 8, 2023
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
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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
We live in Locust Grove VA
answered on Oct 5, 2023
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
final decree has not been entered due to an incomplete filing and has not been reviewed by chambers
answered on Oct 3, 2023
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
wife tried to sale the house before we went to court for judge to determine what happens to the house had another court date to stop her from saying the house because she wouldn’t listen fond papperwork by accident it was for sales on the house closing was on the 29 i called the loan company and... View More
answered on Sep 5, 2023
If you have not already done so, file a notice of lis pendens and notify the prospective buyer.
My spouse & I have been separated for a year now, we have 1 minor child. We have a signed/notarized PSA and now my spouse wants to file for divorce now and not have the PSA included. The signed/notarized PSA states we sell the house and pay all outstanding bills with the equity. Spouse now... View More
answered on Aug 17, 2023
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
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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
My home, land, and retirement accounts do not have his name on them, but the marital home that he lives in may be at risk of a foreclosure as he is behind on payments. He was given a year to get the mortgage refinanced into just his name, but he has awful credit and won't be able to. It's... View More
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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.
answered on Jun 5, 2023
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
Is there a statue of limitation on how long you been married in order to get an annulment?
answered on Jun 3, 2023
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
If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More
answered on May 28, 2023
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.
answered on May 10, 2023
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
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