Virginia Divorce Legal Questions

There is no easy answer to your question.  I suggest that ask around (friends, co-workers, etc) for referrals.  It is always wise to meet with a few lawyers before making a final decision to see who you feel the most comfortable with during the initial consultation process. You need to feel comfortable talking to a lawyer and you need to pick someone who is responsive to your inquiries. The right lawyer for you should be someone who is able to answer your questions so you are able to make an informed decision.  It is always a good idea to review a lawyer's website.  Many lawyers have blogs, which help provide information and insight into their practice.  Finally, picking a lawyer is like picking a doctor. It is critical to select an individual that is knowledgeable, caring, and available to assist you during this very critical time in your life.  Best of luck~... Read Answer

You say it's his home, but if you've been living in it as his Wife then it's the marital home and he cannot kick you out without a court order.  He may not be able to get such a court order unless there has been domestic violence or you are doing something else to make his life hell.  Was the house completely paid off before you married him?  Because if he has been making any mortgage payments during the marriage, then it's at least partially your house, too.... Read Answer

Since you have no children you are eligible to file for a no-fault divorce after a six month separation, but in order to do that you must have a signed and notarized property settlement agreement.  Since you don't have any assets together the PSA could simply state that you don't have any marital property, but you have to have that in writing to present to the court.  Otherwise, you have to wait until you are separated a full year.  Then you file a Complaint for Divorce and the other party will need to sign a Waiver or an acceptance of service.  Otherwise you would have to have them formally served by the Sheriff or a process server and they have a 3 week deadline to file a response wth the court.  After that you have to do a final hearing or instead of a final hearing in court you can do the final testimony by deposition or affidavit.  You need a third-party witness to verify the facts in your pleadings.  Then you submit the transcript or affidavits along with your draft Divorce Order and if it meets all of the legal requirements then a judge should sign your divorce order.  If there are any problems with your paperwork the court will notify you.  Although some people are able to do this on their own, I strongly encourage you to consider hiring a lawyer to take care of this for you.  I can't tell you how many people have come to me after they have screwed it up on their own and it takes a lot more work for me to fix it than to just start over.  It is worth the nominal fee that most lawyers charge for uncontested divorces to have the peace of mind of knowing it's done right.   ... Read Answer

If the Court has asked you to file a Motion to Amend the Complaint, this request suggests that you made an error in your initial submission.  It is not unusual for the Clerk to contact parties--once a Complaint has been filed, together with other supporting documents, to state that there is a problem.   When the Clerk contacts a party, this generally provides an opportunity for the moving party to fix the problem.  Unfortunately, your specific question cannot be answered in this forum without a review of the pleadings filed with the Court.  Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which will require further discussion of your specific problem, and the best way to correct the problem.  I suggest that you contact a lawyer, preferably in your area, to discuss your matter in greater details, including the possibility of scheduling an office meeting.  Best of luck~... Read Answer

Your question is fact specific and cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  You need legal advice in order to protect your interest.  More information is needed to properly advise you.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Your question cannot be answered in this forum.  You need legal advice in order to protect your interest.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck... Read Answer

Lawyers.com offers general information and not legal advice.  Although additional information is needed to properly assist you, it is possible for you to secure a divorce by employing an Order of publication. It is recommended that you consult with a family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Your question is fact specific and cannot be answered in this forum.  You are seeking "legal advice" and more information is required to properly advise you.  It is recommended that you confer with a family lawyer in your area to discuss this matter in greater details.  Best of luck~  ... Read Answer

If there are property and support issues to be decided by the court, your case is contested and this will slow the process.   A contested court case will take longer to resolve than an uncontested case. Although you will be able to slow the divorce process , if issues are in dispute, this will result in greater cost in legal fees in the end.  Lawyers.com offers general information and not legal advice.  No lawyer can offer legal advice without a careful review of all the facts in a particular case.  It is recommended that you contact a family lawyer in your area to discuss this matter in greater details. Best of luck~  ... Read Answer

I suggest that your friend call around to see if she can make an appointment with someone who will not require a retainer. She needs to be in a position to pay a consultation fee.  If she has a valid credit card, this may be sufficient to start the process, as some lawyers will require a client to have a valid credit card on file to cover expenses.  Others may be willing to establish a payment plan.  Once the case is filed in court, she will have other options.  For example, a litigant can seek separate maintenance or other forms of temporary support, if the parties are living separately. If she is able to pay for an initial consultation, which is usually billed at a lawyer's hourly rate, she may be pleasantly surprised at the options that are available.  Best of luck~... Read Answer

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  The specific facts in the case will dictate the type of legal advice offered by an attorney during an office consult.  The grant or denial of an annulment is purely statutory.  It has been my experience that is may be more expensive to pursue an annulment than a traditional divorce. If the Wife is alleging "fraud" as a basis for the relief sought, she must be able to prove this allegation with specificity.  It is often very difficult to prove "fraud" because it will be his word against hers unless there are credible witnesses, evidence, etc., Further, if she is unable to prove facts supporting the claim in the complaint, the court may dismiss the petition.  If the court dismisses the claim, the couple will still have to secure a divorce.  I suggest that your friend confers with an experienced family lawyer in his area to discuss this matter in greater details.  Lawyers charge by the hour; therefore, he needs to discuss the cost of consultation before setting up an appointment. Best of luck~... Read Answer

Citizenship has nothing to do with the speed of a divorce.  Divorce in most states is statutory.  The court will examine the facts in your case to determine whether you have met the statutory requirements.  If it is your desire to secure a divorce, I suggest that you confer with an attorney in your state to discuss all options.  Lawyers.com offers general information and not legal advice.  Lawyers charge by the hour, therefore, you need to confirm the cost of an in-office consultation in advance.  Best of luck~... Read Answer

Lawyers.com offers legal information and not legal advice. The grant or denial of an annulment will depend on the fact in your case.  Annulments are usually granted based upon defects in the marriage, such as bigamy, duress, defective licensing, lack of mental capacity, etc.   The facts that you have shared support a bad marriage rather than a defective marriage. Annulments are rarely granted and it may be in your best interest to meet with a lawyer to discuss all options.  Best of luck~... Read Answer

I am not sure I understand your question. Are you saying that you and your wife are divorcing and you want to sell the house as part of the divorce? Or, are you saying you are married, not divorcing, and you want to sell the house but your wife doesn't?  The answer to your question will vary depending upon the facts.  Lawyer.com offers general information and not legal advice. I suggest that you set up a consultation with a family lawyer to discuss this matter in greater details. Legal advice is based on the specific facts in a particular case and will vary depending on the facts that you present to the lawyer.  Most lawyers charge by the hour, therefore, make sure you discuss the fee before setting up the appointment. Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. There are several things you can do to move forward but you must be willing to take action. Although moving out is one option, you need to know your legal rights so you can make an informed decision.  You can charge him with adultery, seeking temporary spousal support, and or separate maintenance.  However, you should take no action until you confer with a family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour for consultations, therefore, you need to be prepared to discuss fees up front.  Best of luck... Read Answer

I am not sure if I understand what you are asking when you say, "can my son recoup the monies he would have made overseas?" Your question cannot be answered in this forum because it is too broad and will require considerable more details.  For example, how long did your son and his wife live overseas? Was he fired? If so, what was the basis of his dismissal? Was he on probation with his new job? Is there a connection between the daughter in law's affair and the cessation of his employment? How do you prove loss wages and or the connection between the affair and the loss of employment, etc.,    Lawyer.com offers general information and not legal advice.  If you want specific advice, kindly contact a  lawyer in your area to discuss the matter in greater details.  Please note that lawyers charge by the hour; therefore, unless otherwise stated, you will be charged for an initial consultation.  Best of luck~... Read Answer

your question cannot be answered in this forum because there is no such thing as a "typical divorce."  Every case is different.  The facts in your case will dictate the level of activity and the corresponding costs.  If you and your spouse are able to resolve issues (custody, support, property division, service, etc., )  prior to filing for divorce, this will substantially reduce the cost of the procedure.  If all issues are in dispute, the amount you will pay will vary, depending upon the amount of activity in the case.  There is no way to predict in advance, how many motions will be filed, how many telephone calls/office meetings, will take place, or how many documents will be drafted.  When you hire a lawyer, you are "buying time."  Hence, the complexity of the issues pending before the court and the time involved to resolve issues in a contested proceeding will drive the cost of your procedure. I suggest that you invest in an initial consultation with an experienced family lawyer to discuss your matter in greater details. Lawyers charge by the hour, so be prepared to pay a consultation fee.   Best of luck~... Read Answer

This site offers general information and not legal advice.  Your question cannot be answered in this forum.  Additional information is required concerning your intent and that of your spouse.  Are you holding yourself out to friends and relatives as having separated? Do you have joint accounts; share household chores and responsibilities, such as cooking, laundry, etc? I suggest that you invest in a consultation with a family lawyer to discuss this matter in greater details.  Most lawyers charge by the hour; therefore, you need to be prepared to pay an initial consultation fee.   Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. There are several things you can do to move the process forward.  Securing a Marital Settlement Agreement now is a smart idea if the two of you are able to reach an agreement on the essential terms.  It is recommended that you confer with a family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour for consultations, therefore, you need to be prepared to discuss this issue up front.  Best of luck~    ... Read Answer

Lawyers.com offers general information and not legal advice.  The terms of your Court Order will govern the amount.  At the time of your divorce, the lawyers involved should have prepared a Court Order, usually called QDROS, Qualifying Orders, Order for Processing Retirement, etc., that sets forth the terms of the distribution.  For example, does the order address gains and losses, cost of living provisions, etc.? Your question cannot be answered in this forum.  It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details. Please note that most consultations are billed at the lawyer's hourly rate.  Therefore, this is something you need to discuss up front.  Best of luck~... Read Answer

If you are not living together, money earned post separation is presumed to be separate property.  If you use your separate funds to purchase the vehicle, this does not give rise to a marital interest, unless you take affirmative steps to include his name on the title, etc.  Unless you pay cash for the vehicle, chances are there will be little or no equity in the car; hence, nothing to divide.  Lawyers.com offers general information and not legal advice.  Therefore you should confer with a family lawyer in your area to discuss this matter in greater details.  Best of luck~ ... Read Answer

Although a child born during the marriage is legally presumed to be the child of the parents (including the father),  if your spouse is not claiming paternity, I don't see the problem.   The real question is whether your estranged spouse is challenging paternity of the child that was born, post-separation? If he is not claiming paternity, this issue can be addressed in your Complaint for Divorce and resolved at that time. I suggest that you consult with a family lawyer in your area to discuss the proper way to address this issue in the Complaint for Divorce.  Best of luck~... Read Answer

Stephanie, check to see if there is a Northern Virginia Family Services, Legal Aid Society or similar organization in your area.  These organizations are devoted to helping low-income clients and may be able to assist you in securing a divorce. I also recommend that you look for local law schools in your area to see if they operate family law or domestic clinics.  Family law clinics are designed also assist low-income individuals with obtaining divorces.  If none  of the above-referenced options are available, you may wish to consider calling around to see if you can find a law firm that does pro bono work.  It is usually the larger law firms that are able to provide pro bono services.  Finally, if none of these suggestions work, and you cannot find a firm that will take your case, you may be able to find a smaller firm that will do a payment plan that allows you pay on installments.  If you really want a divorce, you must be willing to invest the time in calling around to find a lawyer that is willing to work with you.  It may prove to be time-consuming but you must be willing to do your part if you really want a divorce.  Best of luck~... Read Answer