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Virginia Family Law Questions & Answers
1 Answer | Asked in Family Law and Collections for Virginia on
Q: Do I notify a debt collector of who the executor is if it isn’t me if they haven’t asked but are sending me letters?

My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More

Richard Sternberg
Richard Sternberg
answered on May 2, 2024

You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Wife petitioned for custody/spousal support after a separation agreement was signed waiving these, what happens next

We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More

Jordan A. Fanney
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answered on Mar 22, 2024

For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More

1 Answer | Asked in Family Law for Virginia on
Q: if a couple both own their own house, pay their own bills, what considers them living together?

so both couples have their own homes and bills, they stay together about 85% of the time which is split between the 2 homes. what considers them living together by law?

James L. Arrasmith
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answered on Mar 14, 2024

The legal definition of "living together" or cohabitation varies by state and depending on the context (such as for tax purposes, government benefits, or legal proceedings). In general, factors that may be considered when determining whether a couple is living together include:

1....
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1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: I was married 26 yrs and was not on the loan. I got ssi in 2020 . We sold house 2021. Earnings from sale affect ssi?
James L. Arrasmith
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answered on Mar 8, 2024

When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband lives in Philadelphia and served with divorce papers. I live in Virginia. He is retired military! I want ever

I want everything that is available to me. Do I have to get an attorney from Philadelphia

Jordan A. Fanney
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answered on Mar 8, 2024

I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Just got info of my husband’s infidelity. Can I confront him?

Pictures and videos from last years of our marriage. How do I handle this?

Karen  Ulmer
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answered on Mar 7, 2024

Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I am inquiring if my spouse filed for divorce, as I have not heard from or seen him in years.
Jordan A. Fanney
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answered on Mar 6, 2024

If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?

We are sleeping separately in different rooms.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 28, 2024

In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?

All child support/custody is settled as well. How can he force me to stay married while living with his mistress?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 20, 2024

A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I have been separated from my Wife FOR YEARS...I want a divorce and so does she.

We were married at the Warren County North Carolina Justice Of The Peace...How Do I Get Divorced in a another state that I no longer reside in

Jordan A. Fanney
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answered on Feb 18, 2024

You do not have to get divorced in the state you married in. If neither you nor your wife live in North Carolina, North Carolina may not be an option for you. Check your state's law to determine where you should file for divorce. In Virginia you typically file in the city or county where you... View More

1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

2 Answers | Asked in Family Law and Probate for Virginia on
Q: My father died over two years ago. My brother is the executor. He is not communicating with me anymore.

I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jan 24, 2024

You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor.... View More

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2 Answers | Asked in Estate Planning and Family Law for Virginia on
Q: What are my legal options?

My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More

Richard Sternberg
Richard Sternberg
answered on Jan 22, 2024

Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More

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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I file for a divorce without my spouse in Virginia?

My spouse is trying to keep in a marriage against my will.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 16, 2024

A divorce can be obtained in Virginia without the mutual consent of the parties, provided the appropriate Circuit Court has jurisdiction. If a spouse wants to affect his or her spouse's property rights, the court must have personal jurisdiction over the defendant spouse, which requires some... View More

2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
T. Augustus Claus
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answered on Jan 10, 2024

If your boyfriend is experiencing abuse at home, it's essential to prioritize his safety and well-being. In Virginia, if a minor is facing abuse or neglect, the Department of Social Services (DSS) can intervene. You or your boyfriend can contact the local DSS office, and they will investigate... View More

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2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
James L. Arrasmith
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answered on Jan 10, 2024

I understand your concern for your boyfriend's safety. In Virginia, if a minor is experiencing abuse at home and needs a safe place to stay, there are options available. One option is to contact Child Protective Services (CPS) or the local Department of Social Services to report the abuse.... View More

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