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Virginia Family Law Questions & Answers
1 Answer | Asked in Family Law and Elder Law for Virginia on
Q: My adult sister is developmentally disabled.

Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The... View More

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: In Va what does code 18.2 456 (a)(6) mean? Is it a summons or do they put a warrant out for you?
T. Augustus Claus
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answered on Aug 17, 2023

In Virginia, the legal code 18.2-456(a)(6) relates to obstructing justice by providing false identification to law enforcement officers with the intent to deceive. It's a Class 1 misdemeanor. Depending on the seriousness of the situation, law enforcement may issue a summons or a warrant for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can my spouse file for divorce & choose NOT to incorporate signed/notarized PSA?

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

James H. Wilson Jr.
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James H. Wilson Jr.
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...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can an ex spouse reopen or modify a finalize an uncontested divorce in Virginia?
T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: My son's father still owes about $14,000 ( mostly interest ) in child support arrears. Our son is 20.

He is now claiming medical issues and has petitioned the court for modification. Although he is employed with a 1099 position.

Can he actually be forgiven of his arrears?

T. Augustus Claus
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answered on Aug 3, 2023

In Virginia, child support arrears typically continue to be owed until they are paid off in full, even after the child reaches the age of majority (usually 18). Interest may continue to accrue on unpaid arrears as well. The court may order modifications to child support orders based on substantial... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Virginia on
Q: Do I have to prove my ex boyfriend strangled me if he says he didn't
Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More

1 Answer | Asked in Family Law for Virginia on
Q: Hi I’m a 18 year old female and my boyfriend is 25 can my dad press charges against him in any way
Richard Sternberg
Richard Sternberg
answered on Jun 24, 2023

In any way? Well, of course. If your boyfriend commits a crime, your father can report it. Indeed, if your boyfriend does not commit a crime, your father can make a false report of it thereby subjecting himself to a charge of False Statement or even perjury. But, if you are asking whether the... View More

1 Answer | Asked in Family Law for Virginia on
Q: If my husband is incarcerated in WI for a felony, can I move from VA to another state with our children?

Husband has been incarcerated for 3 years now and rarely contacts (holidays or wants money). No court papers have been filed regarding marriage or custody. Our house here is in his name only. He has no family here, but I have a few.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 14, 2023

In the absence of a court order, both biological parents have equal rights to, and responsibilities for, their minor children. If the parents separate, either party may file a petition for a determination of custody, visitation, and child support. Once an order is in place, that controls until it... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My husband and I have raised my grandson since birth. He is now 4.5 years old. He had occasional visits with my son and

his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 7, 2023

A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: How is spousal support calculated in virginia
James H. Wilson Jr.
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James H. Wilson Jr.
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

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: In the state of Virginia can I file for annulment if the person did not disclose they had several felonies?

Is there a statue of limitation on how long you been married in order to get an annulment?

James H. Wilson Jr.
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James H. Wilson Jr.
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

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: In Virginia what happens when a person waives his rights to equitable distribution on a marital separation agreement?
James H. Wilson Jr.
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James H. Wilson Jr.
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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1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for Virginia on
Q: I want my minor girlfriend to live with me, would my parents get in trouble even if they don't care if she leaves or not

Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... View More

James L. Arrasmith
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answered on May 2, 2023

It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Virginia on
Q: I have a stepson whose father pays no child support because he is on ssi. is the child entitled to some of that ssi?
James L. Arrasmith
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answered on May 2, 2023

If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Currently in VA and separated from wife since Feb 2023. What am I financially responsible for, for wife during separatio

currently the main provider for kids in the home. Wife lives in basement currently separated. She is asking for me to pay her out of network therapy bills. What am I financially responsible for specifically for my wife during this separation period.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 28, 2023

Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.

While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v....
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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Virginia on
Q: My wife was charged with Dom Vio on me. Our oldest son was present. It was a small incident that got out of control.

What can I do to drop charges? It’s her first offense. What should we be expecting?

Robert Tyler Bezilla
Robert Tyler Bezilla
answered on Apr 25, 2023

In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... View More

1 Answer | Asked in Family Law and Probate for Virginia on
Q: Can an adult child claim part of fathers estate in Virginia if there has been no communication for over 30 years

the child had no desire to be part of fathers life and he has been married for 13 years to his present wife & she has helped in the marriage

finances. The father has passed & his wife is his beneficiary.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 16, 2023

Co-sanguinity and marriage determine legal rights in an intestate decedent's estate. It is not necessary for a blood relative or cohabitating spouse to have had a close relationship with the decedent, except that a spouse who deserted or abandoned the decedent during his or her life loses... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: When a couple agree to waive rights to equitable distribution in a divorce agreement, what does that mean in lay terms?

Wording from divorce agreement: "...waive any right to equitable distribution under Section 20-107.3 of the Code of Virginia to the retirement or pension accounts, life insurance..." ALSO, I know what equitable distribution refers to, just not exactly what this phrase refers to in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 1, 2023

In resolving the incidents of marriage upon separation and/or divorce, the spouses have four choices:

1. Do nothing and allow the issues to remain unresolved;

2. Address each item of property as an individual item as necessary, typically according to actual title;

3....
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Under what grounds can I reopen a PSA in Virginia?

I have been paying spousal support since 2017, via court order, and do not think that it should continue indefinitely. Was fully divorced in 2019 and the order became part of the PSA. My ex has the ability to work (she held 10 jobs during the marriage) but refuses to or simply does not attempt to... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 31, 2023

There are two bases for spousal support: 1. an award by the court; or 2. a stipulation by the parties. An award by the court may be modified upon a material change in circumstances not anticipated by the parties, or the nonoccurrence of a change anticipated by the parties at the time of the award.... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Is 20 yrs a magic # for permanent spousal support in VA or is there little difference if one files divorce after 19 1/2?

62-year-old spouse has been a stay-at-home parent the entire time.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 9, 2023

There is currently no formula for permanent spousal support, the type awarded upon decreeing a divorce, in Virginia. An award of permanent spousal support, which may be for a fixed term, in a lump sum, or indefinitely until either party dies, or until the payee spouse remarries or cohabits in a... View More

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