Virginia Divorce Legal Questions

I recommend that you don't sign anything you don't agree with and have an attorney review it first.  Any attorney could advise you of your rights and help you strategize how to proceed.  If custody and visitation are issues those can be dealt with in the Juvenile & Domestic Relations District Court before even filing for divorce. ... Read Answer

It is very likely that you would get some spousal support and maybe even a portion of the value of the family business.  This answer is given in accordance with the laws of Virginia and may not be applicable to any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts invovlved in a specific case.  if you need further information or assistance, please feel ree to contact my office for a consultation. Case results depend upon a variety of factors unique to each case.  Case results to not guarantee or predict a similar result in any future case.... Read Answer

You would typically be entitled to a marital share of any equity that was built during the marriage, such as from pay-down of the mortgage.  Most of mortage payments early on go to interest, but the amount that goes to the principle is a marital contribution. This answer is given in accordance with the laws of Virginia and may not be applicable to any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts invovlved in a specific case.  if you need further information or assistance, please feel ree to contact my office for a consultation. Case results depend upon a variety of factors unique to each case.  Case results to not guarantee or predict a similar result in any future case.... Read Answer

It is not clear whether you are looking for a post-nuptial agreement or a separation agreement in anticipation of divorce, but in either event a contract can be structured in a way to protect your separate assets without necessarily revealing what they are.  It it strongly advised that you have an attorney draw this up for you to ensure that your rights are protected and that it will be enforceable in court. This answer is given in accordance with the laws of Virginia and may not be applicable to any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts invovlved in a specific case.  if you need further information or assistance, please feel ree to contact my office for a consultation. Case results depend upon a variety of factors unique to each case.  Case results to not guarantee or predict a similar result in any future case.... Read Answer

Obtaining a divorce based on adultery is not as simple as filing paperwork.  In Virginia any grounds for divorce must be corroborated by independent evidence, aside from any testimony of the parties.  In order to advise you an attorney would need to discuss what other evidence you may have to support the adultery claim.   In any event, it will require a court hearing to prove the grounds, along with all of the other requirements for the divorce paperwork.  It is highly advised that you hire a lawyer to handle this type of case for you. This answer is given in accordance with the laws of Virginia and may not be applicable to any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case.  Case results to not guarantee or predict a similar result in any future case. ... Read Answer

You can reopen your divorce case and file a motion to enforce the final order or a rule to show cause to have him held in contempt for violating the court order.  The court cannot help him get approved for refinancing, but they can order that the house be sold. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

There is no straightforward answer to your question.  In a divorce the court can divide any marital assets or debts however the judge decides is fair.  If you still owe on the repossessed car the court can take that into account and decide how much each of you will pay for it, but it will be looked at as just one part of the big picture, if there are other assets or debts.  The court will also take into consideration which of you has more ability to pay it.  If you make much more income than your spouse, then you may be assigned this debt even if it was her fault.  However, in no case can the court force the creditor to let you off the hook for it.  They can always come after you for the debt if your name is on it, even if the court says your wife has to pay you back for it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read Answer

No, you are not required to have a lawyer to complete your divorce.  Some people do manage to do it themselves.  However, there are probably at least a hundred things that can go wrong, even with the simplest divorce.  I can tell you that I have people hire me all the time to fix the mistakes they have made in their no-fault uncontested divorces and it ALWAYS creates more work for me than if I had just handled it for them from the beginning.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

It is possible to prove that you are separated while living in the same house, but it is not easy.  You will need a witness who has very good knowledge of the living situation and can verify that you are not only not sleeping together, but also not sharing the other kinds of things that would be indicative of a marriage, such as cooking and cleaning for each other, sharing finances, and such.  Most judges will require the witness to be someone who actually lives in the house with you, such as an adult child, nanny, tenant, roommate, or other family member.  Short of that, your witness had better be very sure and convincing of how they know you are not living as husband and wife.  I usually recommend against trying to do this.  Besides it does not solve the problem of the fact that you will still be living with your ex-spouse after the divorce is final.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

Many lawyers will offer free consultations for uncontested divorce cases.  If your spouse has substantial income, it may be possible to get attorney's fees paid by him. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

If you have decided that you want to divorce him, then you need grounds for divorce.  Inappropriate messages and porn is not enough to make a case for adultery against him.  You would need some proof that he had sexual intercourse with another person.  Otherwise, you can seek a no-fault divorce after a one-year separation, or a six-month separation, if you have no kids together and can reach a property settlement. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read Answer

They can be engaged, they just can't get married until his divorce is final, because that would be bigamy.  Being engaged to a married person is tacky, but it's not illegal. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

In order for you to complete the divorce, you have to have requested relief from the court in a pleading.  Ordinarily for the Defendant, this would be done in a Counterclaim.  If you just filed an Answer or signed a Waiver, you probably did not file a Counterclaim, and therefore cannot ask the court for a divorce.  Only the Plaintiff can do that.  So your options now are to file a Counterclaim at this point and move forward on that or to persuade your spouse  to get it done. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

You just need to provide legal notice to your spouse, if you are seeking a divorce, not actual notice. So if you have used due diligence to try to locate your spouse and you cannot find him, you can give legal notice by publication in the newspaper when you file for divorce.  This would not allow you to obtain any support or division of property, but if all you want is a simple divorce, then you can get that.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

You must file in a state where at least one of you currently has residency.  The residency requirements vary from state to state.  For instance in Virginia, you must live her for six months before you can file for divorce here.  It makes no difference where you were married.  Since you now live in Virginia you can file here, but if your spouse has no connection to Virginia, she or he could object to it and ask that it be transferred to the last state of marital residence, if your spouse meets the residency requirement there. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

In real estate, the house and the land are not treated as two separate properties.  The house is considered an improvement upon the land, but presumably it is all part of one deed.  The fact that you added his name to the land would seem to indicate that you intended to convert it to marital property, so you would have to show documentation of how it was given to only you.  With the house being added to it, the question becomes how was the house paid for - did you pay cash or are you paying on a mortgage.  Where did the down payment and mortgage payments come from?  Assuming you have been making any payments during the marriage, then the property is going to be at least part marital and, yes, your husband can make a claim on it.  That doesn't mean that it is necessarily divided 50/50.  Your lawyer can run some calculations to determine what his marital share is and then you may be able to buy him out of his share, if you want to keep the property.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Fees can typically range from $750 up to $1,500 or more depending on what is involved.  If you need a property settlement agreement, spousal support, or child support, these can cost on the higher end.  It may also depend on what part of the state you are in and the going rates there. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

You do not need your husband's approval for an annulment or a divorce, but you do need legal grounds.  I do not see anything hear that would give you grounds to file an annulment, which is only granted in certain rare circumstances.  You could seek a divorce, but you have to have grounds for that, too.  The most common grounds would be living separate for one year or six months, if you have no children and a property settlement agreement.  Otherwise you would have to prove fault grounds, such as adultery, cruelty, or desertion.  His lying to you about viewing porn and someone using his credit card is not grounds for divorce.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

You don't have to file anything in Virginia to obtain a "legal separation" as that term is not really used in Virginia.  You do have to be physically separated in order to seek a no-fault divorce, but you don't have to file anything or do anything to document it.  You just have to swear under oath at the time of the divorce as to how long you have been separated and you will need a witness to verify it.  However, many people do sign a separation agreement that stipulate the date of separation and may also spell out any division of property and support.  Some people file for what's called a "divorce from bed and board" which is kind of like a legal separation, since it is not a final divorce. Ultimately, if you want to seek a divorce, you will have to file a Complaint for Divorce with your local Circuit Court and serve it on your spouse or have him sign a waiver of service.  Then you will need to prepare a Final Order and conduct a final hearing.  Some courts may have sample pleadings you can use, but I can tell you from having fixed many many botched divorces over the years that it will save you a lot of headaches to just hire a lawyer to do it for you.  There are at least about a hundred things that can go wrong for those who don't know what they are doing.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.   Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.      ... Read Answer

Yes, a lawyer can withdraw from a case, as long as it will not harm the client's case, and as long as the judge agrees with that.  One common reason is if the lawyer feels they can no longer work effectively with the client because they are not on the same page as far as strategy and expectations.  Her remedy is obvious - hire another lawyer. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer

In cases where you cannot locate your spouse, you can provide legal notice by publication in the newspaper.  This will allow you to get divorced, but it will not allow you to obtain child support or division of any marital property. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

It is very difficult to kick a spouse out of the marital home.  This is usually only possible in cases of domestic violence.  If she has fault grounds for divorce, she can file the divorce and then file a motion seeking exclusive use and possession of the marital home, but there is no guarantee that will be granted.  I have had clients who have had to move out of their own houses that they owned prior to the marriage and whose spouse's names were not on the property, in order to be separated for a year and then file for divorce based on a one-year separation.  The court can determine in the divorce who will get the house. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.      ... Read Answer

It is extremely unlikely that you would get everything and he would get nothing, no matter how big of a jerk he is.  But if he has been supporting you, you should certainly be entitled to spousal support and child support, assuming you get custody of the kids. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read Answer