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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Estate Planning for Virginia on
Q: My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on May 5, 2022

Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: VA- Joint custody -required to discuss decisions and parents disagree on child getting driver's permit.

Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on May 4, 2022

A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... View More

1 Answer | Asked in Divorce and Tax Law for Virginia on
Q: In Virginia I have been separated 3 years but no legal separation exists in state. Can we file single/head of household

We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 13, 2022

The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: What to do when you know that your ex-wife is breaking a court order by leaving the state with the kids every weekend?

Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 10, 2022

Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will... View More

1 Answer | Asked in Divorce for Virginia on
Q: If a divorce decree says property will be left to someone can a will be made after and the property left to someone else

Will the divorce decree outweigh the will since it was agreed to before and a judge signed off on it? A house is supposed to be left to the children. Can a will be made and the house left to someone else even though the divorce decree specifically says it will go to the children? A threat has been... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Feb 16, 2022

A judge's authority in equitable distribution in Virginia is strictly statutory and must be based on the provisions of Virginia Code Section 20-107.3. The judge has no authority to order property to be conveyed to someone other than a spouse.

Any provision beyond the authority of...
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1 Answer | Asked in Divorce for Virginia on
Q: My spouse and I will be attempting in home separation in Virginia. He is an airline pilot. If I take a trip to visit

family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... View More

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that... View More

2 Answers | Asked in Divorce for Virginia on
Q: My parents have been seperated for 40+ years. My father has become ill and I wanted to know how to get them divorced

My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets

Sonja Aoun
Sonja Aoun
answered on Jan 20, 2022

If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that... View More

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1 Answer | Asked in Divorce for Virginia on
Q: If a minor child turns 18 at 8 months into the year-long separation period, can we file for divorce right then?

Assume asset/property division has been agreed upon. Just waiting for the year to be up.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 18, 2022

The separation period for a no fault divorce in Virginia is 1 year. If the parties have no minor children born or adopted of the marriage, and have signed a written separation agreement, the required separation period is only 6 months. The intention to separate permanently must exist continuously... View More

1 Answer | Asked in Divorce for Virginia on
Q: Is this a breach of attorney client confidentiality in the state of Va?

I am getting divorced. Separated 5yrs. 3 yrs ago I dated a guy who stalked me when we broke up. My soon to be husband hired the lawyer I used for my PO. This lawyer has in writing told his client details of my po case. I’ve read it. Stuff that he only knows bc he represented me. Stuff my husband... View More

Sonja Aoun
Sonja Aoun
answered on Jan 10, 2022

Have you notified the attorney that you did not consent to sharing this information? If not, you should do so and ask that he cease representing your husband. Or, you can ask your attorney to make this request for you. Your husband's lawyer should then withdraw from the case.

2 Answers | Asked in Divorce for Virginia on
Q: My husband inherited a house from his mother. He added my name to the deed. We are now going to get a divorce.

Do I have a claim to the house

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 27, 2021

Property received by gift or inheritance during the marriage start as separate property. Separate property may be transmuted into marital property by certain actions that cause it to lose its character as separate property, such as the commingling of funds. Property may also be classified as... View More

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1 Answer | Asked in Divorce for Virginia on
Q: Want to divorce spouse. all possessions, house, financials, etc are in both names., What is the best way to proceed?

Would like to proceed with divorce but would like to do this in such a way to be completely fair with the spouse and to make sure I can get the fair ruling for myself. We are retired; I'm 74 & she is 68. We both are on Social Security/Medicare & supplementals. No children are... View More

Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Good question. I appreciate your desire to be fair. There is a lot to think about here, but at a high level, you'll need to gather and then work through all assets and debts and determine who gets what. Hiring a lawyer is a good idea to make sure that you understand the legal implications of... View More

1 Answer | Asked in Divorce for Virginia on
Q: Can divorce be granted if there has been no relations in 10 years but still cohabitating with no separation?
Lisa Mathews
Lisa Mathews
answered on Dec 23, 2021

Great question! It depends on what you mean when you say "no separation." Virginia does allow for something called "in-house separation." This requires that both parties are living as though they are already separated, even if under the same roof. The relationship must have... View More

1 Answer | Asked in Divorce and Child Custody for Virginia on
Q: Can I get a woman who tried to run my 8 year old and me off the road listed as an excluded adult on the visitation order

This a a woman who stalked me and my child for years and made threats against me. My ex husband was abusive and has a history of domestic violence. He has been arrested for DMV. He will use this woman and other circumstances to put my son in danger. The woman tried to run my child and me off the... View More

Sonja Aoun
Sonja Aoun
answered on Dec 14, 2021

Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.

If you don't have enough evidence for a protective order, you may be able to get an order that...
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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Can child support be decided upon outside of court in VA?

My wife and I are getting a divorce in VA, we have 2 kids, and we are both very high income earners. This is amicable, there's no fighting or hostility. We have agreed to joint custody. We both would like to have an agreement to split all costs 50/50, verses a set amount of child support. We... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 19, 2021

Spouses can enter into enforceable written marital agreements in Virginia, also known as separation agreements, property settlement agreements, and agreements and stipulations when they address the incidents of separation and divorce. Ultimately, the parties cannot bind a judge by contract on the... View More

1 Answer | Asked in Divorce for Virginia on
Q: regarding 20-91 (9), what constitutes living “separate and apart” without any cohabitation?

Can you live under same roof but different beds and/or different floors?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 2, 2021

In Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. A separation in Virginia requires that the couple is no longer cohabitating as husband and wife. Typically, one spouse leaves the marital residence to reside at... View More

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof
answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... View More

Richard Sternberg
Richard Sternberg
answered on Oct 21, 2021

She is the widow, and you are not.

1 Answer | Asked in Divorce for Virginia on
Q: I want a divorce. We have 2 children together. What is the first step? He owns his own business and I don't want debit
Lisa Mathews
Lisa Mathews
answered on Sep 23, 2021

You should hire a lawyer. Since you have children, it is going to be important to create a custody arrangement, establish child support, and even though you say you don't want anything from his business, a lawyer can advise you on the consequences of this decision. You want to make sure that... View More

1 Answer | Asked in Divorce for Virginia on
Q: Am I entitled to 50% of our savings in a divorce?

Hello, I would appreciate some professional advice if possible. My spouse and I have been married for about 6 years and we are thinking about getting a divorce. Both of us work, but he makes significantly more money than me. We currently have a joint savings account and no debt. My husband also has... View More

Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
answered on Aug 15, 2021

A joint savings account is presumably a marital asset and as such is divisible in a divorce proceeding. It does not matter who "made the money." That would apply only to money made during the marriage, probably not that which was in the account at time of marriage. The other questions... View More

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Virginia on
Q: How long do I store my wife's items in my home before I can remove them? Left 16 months ago. Divorce not final yet.

I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... View More

F. Paul Maloof
F. Paul Maloof
answered on May 28, 2021

I regret that I do not handle domestic relations and/or divorce law matters. Sorry.

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