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Virginia Divorce Questions & Answers
1 Answer | Asked in Divorce for Virginia on
Q: My ex husband filed a divorce against my knowledge and lied about my whereabouts. Is there anyway I can find out what

Court this took place in so that i can have a copy?

Sharon R. Moss
Sharon R. Moss
answered on Nov 12, 2018

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.

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Q: How long is a show cause order valid, really?

My husband and co-owner of my home and I entered a separation agreement in 2013 that granted me the house if I paid the mortgage. He paid 3 month's mortgage in 2014 and I had proof that he was gifting them to me, but he took me to court and I was ordered to pay him back the 3 months in March... View More

Gary Kollin
Gary Kollin
answered on Oct 26, 2018

You need a lawyer. You were not successful in your argument.

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1 Answer | Asked in Divorce for Virginia on
Q: Can a family law judge make my husband testify under oath whether we cheated on me?
Sharon R. Moss
Sharon R. Moss
answered on Oct 19, 2018

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.

1 Answer | Asked in Divorce for Virginia on
Q: What are the necessary steps I should take for a divorce? Is that abandonment?

I was just recently married July 13th of this year to my husband. This past Friday I came home from work to find his stuff gone and a note he left saying that he is a horrible person and goodbye. He never talked to me about it and also disconnected his cell phone.

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

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... View More

1 Answer | Asked in Divorce for Virginia on
Q: My ex-spouse refuse to comply with the order of the court in our divorce decree. Back to court?
Sharon R. Moss
Sharon R. Moss
answered on Sep 17, 2018

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.

1 Answer | Asked in Divorce for Virginia on
Q: What are my rights if I am in jail and my wife is trying to divorce me?
Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
answered on Sep 15, 2018

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... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Can I file for emergency temporary full custody of my son?

Me my wife and son came to visit her family in Tennessee. While here she confessed she was talking to another man in Alabama. After getting in a argument about it she called this man and got him to pick her up. She left me and my son in Tennessee with her family with no car and barely any money... View More

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Sep 14, 2018

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.

1 Answer | Asked in Divorce for Virginia on
Q: Does alimony have an end date for a marriage of less than 15 years in Virginia?

There is no end date listed. Agreement just states alimony will be paid to the spouse..."until such time the Wife "cohabits" with another in a situation analogous to marriage for a period in excess of 1 year."

If it is permanent, does it even continue after retirement?

Michael Christopher Miller
Michael Christopher Miller
answered on Aug 31, 2018

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...
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1 Answer | Asked in Divorce for Virginia on
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?

I am a stay at home wife. I am enrolled in college online and my husband works to support us. My name is not on the checking account, but he lets me keep the debit card and get money out whenever I need it. He has become verbally abusive since I quit working. Although he told me he wanted me to... View More

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Aug 30, 2018

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... View More

1 Answer | Asked in Divorce for Virginia on
Q: If I have a Divorce agreement that states

That husband will maintain at my cost, the existing, continuation and any successor health, dental, vision, & major medical insurance at current level for my ex-wife and 22-year-old daughter until such time they are no longer eligible. In the event that wife and daughter are no longer eligible... View More

Michael Christopher Miller
Michael Christopher Miller
answered on Aug 17, 2018

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...
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1 Answer | Asked in Divorce for Virginia on
Q: I’m a 64 y/o woman who separated from my husband in December 2015 after 20 yrs of marriage.

Today, my attorney informed me that we have an 8/3 court date, at which time he will ask to withdraw from my case because he’s closing his practice. What am I supposed to do now? $6000 paid in legal fees. I’m broke. I received one Pendante Lite hearing that resulted in low temporary spousal... View More

Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
answered on Jul 18, 2018

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.

1 Answer | Asked in Divorce for Virginia on
Q: can husband give money to girlfriend to buy house / not legal separated or divorced?

husband and I married 25 years..separated 18 months with no legal separation or divorce documents in place. He has given his mistress/girlfriend money to buy the home they are now living in, in NC. I live in VA in the home he bought when we were still living together as husband and wife..13 years... View More

Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
answered on Jul 10, 2018

Well, he can I suppose, but he's using marital money to do it, and he'll have to account for your portion of that money at some point in your divorce. In theory, I suppose you are now part owner of this new house. The loss of the marital home you live in is also a problem; the court... View More

3 Answers | Asked in Divorce for Virginia on
Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?
Sharon R. Moss
Sharon R. Moss
answered on Jun 26, 2018

You should be able to get copies from the Circuit Court where it was finalized. Contact the Circuit Court clerk's office in the court the divorce was finalized in and they should be able to help you.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Q: Child support questions in Virginia?

My husband is divorced in 2008 with 4 kids? He paid Alimony and He is still paying child support for his kids. His kids ages are 23, 21, 18 and 16. All kids graduated from school except the last one. We are having a baby together. Do we have to pay child support when they are in college? We met... View More

Michael Christopher Miller
Michael Christopher Miller
answered on Jun 20, 2018

Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement...
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1 Answer | Asked in Divorce for Virginia on
Q: I was living with my husband for 27 years. We been separated for 5 years. Can I still request spousal support ?
Sharon R. Moss
Sharon R. Moss
answered on Jun 13, 2018

Has there been any order of the court with regard to spousal support up until now? If not, then you should be able to request it, but it will depend on the circumstances of your situation whether or not it would be allowed. Please speak to an attorney for more specific advice on your situation.

1 Answer | Asked in Divorce for Virginia on
Q: Can you get the divorce, which we are both consenting to, and then deal with E.D. after since one is contesting E.D.?
Wayne E. Holcomb
PREMIUM
Wayne E. Holcomb
answered on Jun 12, 2018

In short, yes. But is no one's contesting equitable distribution, why not just wrap it up at the same time? I am assuming that a hearing will not be necessary for the distribution, so it's not difficult for your Counsel to deal with both at the same time. I say all this without... View More

1 Answer | Asked in Divorce for Virginia on
Q: Wife and I are divorcing. House is in her name. When it sells she’s refusing to split the equity.

I’ve paid a little more than half of the mortgage each month. Is this legal?

Sharon R. Moss
Sharon R. Moss
answered on Jun 11, 2018

During the marriage any monies paid towards the mortgage would be considered marital (unless they were from an inheritance, or otherwise separate funds). But if the money used to pay the mortgage during the marriage came from income from working, then it would be considered marital. Therefore, you... View More

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.

Sharon R. Moss
Sharon R. Moss
answered on Jun 8, 2018

If any mortgage payments were made during the marriage, then the spouse not on the deed may have a claim on some of the equity. Please speak to an attorney to for more specific advise on your case.

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1 Answer | Asked in Divorce for Virginia on
Q: I have a divorce filed in Hanover Ex won't complete paperwork to proceed. It's been 3 yrs. Should I hire lawyer to

Try to get her to finish this or start over and file myself?

Sharon R. Moss
Sharon R. Moss
answered on Jun 5, 2018

Did she ever serve you with the Complaint for Divorce when she filed it? If so, you have 2 options. You can ask the court for leave to file late pleadings and file an Answer and Counterclaim. Then you can proceed with finalizing the divorce based on your counterclaim. Or you can just file your... View More

1 Answer | Asked in Child Support and Divorce for Virginia on
Q: Where do I file to discontinue support when my child turns 18? I live in VA and she lives in MD and divorce was in PA

Divorce was in Pennsylvania, I now live in VA and she lives in Maryland? Who do I file with? She has custody, and I pay support through virginias child support system.

Michael Christopher Miller
Michael Christopher Miller
answered on May 31, 2018

The terms of the child support order should provide that support end upon the stated conditions without further court action.

However, if you want or need to file something, you would do it in the court where the support order is in effect. For example, if the support is from the PA divorce...
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