Your choice of court is not determined by gained benefit but rather jurisdiction.

If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.

If you want to do property, financial, money matters, etc., you need personal... View More

First, your question assumes that the home was in both of your names. If so, usually the Property Settlement Agreement (PSA) will say that one spouse to convey title to the other. If that has not happened, then your ex husband may still be on the deed and he may be needed to sign documents. So, I... View More

There are several issues to be addressed in your question. First of all, there is no presumptive 50-50% split of marital property in equitable distribution in Virginia. In fact, in published opinions, the Court of Appeals has repeatedly corrected a number of lawyers and trial judges who believe... View More

It depends upon what the final order of divorce says. It is possible, but highly unlikely that the court ordered the marriage be terminated but then ordered that matters of equitable distribution, support, etc. are left open indefinitely.

Va. Code 20-107.3 provides for divorce and property... View More

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

"f. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its... View More

You file a complaint for divorce to seek a divorce. If you separated in October 2016, you have been separated for more than a one year, so you can file on that basis.

If her whereabouts are truly unknown, and you have exhausted reasonable efforts to locate her, you can serve her by... View More

An award of a part of a spouse's 401K plan in a divorce case is transferred with a separate court order known as a Qualified Domestic Relations Order or QDRO. The award should also appear in the Final Decree. The QDRO must be signed by the judge and approved by the plan administrator. As... View More

Many lawyers advise their clients to file an Answer and Counterclaim for the very reasons illustrated by your situation. A defendant spouse can file a motion for leave of court to file a late answer and counterclaim due to the failure to prosecute the case by the plaintiff. You would do much... View More

Your question does not match your description of the legal problem. Joint property with a right of survivorship will pass to the survivor upon the death of a co-owner. In Virginia, divorce severs survivorship rights between spouses. The estate would now include your deceased ex-husband's... View More

It’s not as simple as that. Virginia is an equitable distribution state, which does not mean “equal” distribution necessarily. The courts look at a series of factors (really just predetermined categories of evidence) in order to determine what division of assets and debts would be... View More

The required separation agreement for a no fault divorce in Virginia is one year from the date of separation, with at least one of the parties intending for the separation to be permanent, and maintaining that intent continuously for the period of separation. If the parties have no minor children... View More

The spouses's social security numbers appear on at least two forms in a divorce in Virginia, the VS-4 form for Vital Statistics and a Confidential Addendum for identification purposes. The Confidential Addendum is sealed and confidential in the case file, so members of the public cannot view... View More

Your question contains a mixture of somewhat complex issues and illustrates a conflict between federal and state law. The first issue is preemption. Preemption occurs when exclusive federal jurisdiction and law on specific areas of law prevent action under state jurisdiction and laws, for... View More

It depends. The calculations must be run for each situation.

When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child... View More

One does not decide on a dollar figure.

Va. Code 20-108.1 and 20-108.2 lay out in detail how child support is calculated. Both statutes state that the guideline amount determined by the formula must first be calculated by the judge, and is presumed to be the correct amount of child support.

Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.... View More

During a divorce, many couples go through a process called equitable distribution, which is essentially the division of any property owned during the marriage. One or both spouses may also request spousal support (alimony) or child support.

Obtaining financial documents, especially income... View More

You can file for divorce in Virginia as long as either you or your spouse have lived here for at least six months prior to filing. So if you have lived in VA for at least six months, you can file here.

If your children live in North Carolina, a Virginia court would likely not have... View More

You can get a divorce in Va. with a six month separation if there are no minor children AND you have a written agreement that resolves all issues before the court.

The agreement can be as simple as he keeps his stuff, you keep your stuff, and there is noting for the court to decide, but it... View More