Virginia Divorce Legal Questions

Nothing is required to start a legal separation other than to physically separate and maintain that separation with intent to be separated for purposes of divorce for a year.  Note that if fault grounds exist such as adultery, cruelty, desertion, etc., the one year separation period is not necessary.  ... Read More

The answer depends entirely on how you obtained the information.  Generally, you should give the information to your attorney to use in your case.  If, however, that information was obtained illegally (e.g. you broke into his phone), no lawyer should want to touch it.  If it's the latter, you might also consider how you might use what you have to obtain information legally that might be used at trial.  ... Read More

The answer depends on the nature of the documents you may have already signed.  Assuming, however, you still have a contested, open divorce action, to obtain information from him you could file formal discovery requests (and move the Court to compel him to answer when he refuses) or have subpoenas issued directly to his banks, retirement account providers, etc.... Read More

Generally, the fault ground of "abandonment and desertion" matures after a spouse has been away for 12 months.  Note, however, that abandonment requires more than simply being apart.  The circumstances surrounding the separation can be quite important.  Hope that helps.  Good luck.   ... Read More

Yes, you would be entitled to a portion of your husband's retirement benefits, but the time to ask for that is at the time of the divorce, not seven years later.  Once the divorce is final all issues of property and support are closed, unless you explicitly reserved the right to request support later in the final order for divorce.  Even in cases where you received no notice of the divorce, such as when notice was provided by publication in the newspaper, or in cases of fraud on the court, you generally have only two years in which to bring any issues back before the court.   That said, you should still receive a portion of his social security upon his retirement.  This is true of any marriage in excess of ten years and does not need to be specified in the divorce order.  You can contact the social security administration directly if you have any questions about that or how to claim 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 More

A divorce can be filed in a state where either party currently lives.  However, if your spouse has no connection to your current state, he or she can require that the divorce be brought in the state of your last marital residence.  As for the city or county you file in, Virginia has open venue for divorces, meaning you can file it in whichever courthouse you want.  But again, your spouse can object and have it moved to a "preferred venue," such as the last place of marital residence or the county or city in which one of you currently lives. 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 More

I am not really seeing a question here, but it seems that you really need to speak with a lawyer about your situation in order to protect your rights. 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 More

If your spouse quits his job voluntarily, income can be imputed to him as if we were still working.  Once he finds himself in arrears and in violation of a court order for failing to support his family, he will be highly motivated to find himself a new job.  He is posturing and trying to intimidate you.  How does he plan to support himself?  I would recommend calling his bluff. 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 More

The court will determine whether you are entitled to alimony after considering a number of factors, including what you are able to earn at present, and what your expenses will be.  In general, if a party commits adultery, that person may not receive alimony, except under special circumstances.  The court can consider who and what caused the dissolution of the marriage, such as whether your husband committed adultery, along with other factors in setting alimony.  When you meet with an attorney, they can give you more specific advice on your situation.... Read More

It is fairly common that one person wants a divorce, and the other is not willing to agree to a divorce at that time.  The court can still grant a divorce even though one spouse says they want to stay together, so long as certain qualifications are met.  I suggest you schedule a meeting with a local lawyer to assist you in filing for a divorce. ... Read More

In a divorce action, the court will divide the assets that were acquired during the marriage according to a number of factors.  There is no requirement that a court split the assets 50% to each spouse, however that is a frequent outcome.  Even if the court divided the marital assets 50%  50%, that division would not apply to assets where one party can show that they owned certain assets prior to a marriage.  In such a case, the spouse  usually  gets to keep that asset free of any claim from the spouse.   Houses present an more complex issue, since even if you bought the home prior to the marriage, it is likely that you paid part of the mortgage during the marriage, and the court will take that into consideration in determining how to divide the equity in the home.... Read More

In Virginia, when you want to get a court to order that someone return something to you, you can file a Detinue action in the local general district court.  Detinue is a fancy way of saying you want the court to order the defendant to either: 1 give you the thing in question or 2 give you the fair market value of that thing.  Once you go to court and fill out the paperwork, and have it served on the defendant, the court will conduct a trial.  At trial, you will need evidence that you purchased all the components, and will need to testify as to the value of the completed computer, and  that you did not give the computer to your ex girlfriend.  Your exgirlfriend can then put on evidence to defeat your claim - such as she may claim she bought the parts, or she may claim you sold her the completed computer, or that you gave it to her as a gift.  The judge will then rule on whether he believes you proved your case.... Read More

There are a variety of rules on tape recording, depending on exactly what happened ( was the roommate having a discussion with your wife, or had he left the room, were there other people in the room, etc).  A Virginia Statute provides  No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62. Virginia Code § 8.01-420.2  Thus, the recording would not be admissible in a suit for divorce, but may, depending on the facts and circumstances, be admissible in a separate suit involving a dispute over custody.... Read More

First, you need to pay alimony as set by the court order, until that order is amended by a court.  Second, depending on the language in the order, and any separation agreement you signed at the time, you may be able to ask a court to terminate her alimony if she has been living with a member of the opposite sex in a situation similar to marriage for a period in excess of one year.  You will want a Virginia Lawyer to review the divorce decree and stipulation agreement, plus whatever evidence you have of cohabitation, to determine how best to proceed.  You would not necessarily need to come to Virginia now, but may have to come for the trial, if it doesn't settle before the trial date.  ... Read More

If you can prove that your wife committed adultery, this gives you grounds for divorce in Virginia.  Technically, adultery is also a crime in Virginia, but it is almost never prosecuted.  You can talk to your local magistrate about filing charges, but I doubt very much that they will do it.  As you might imagine, adultery is so common as to be rampant.  You should talk to a lawyer in more detail about your rights and options in seeking a divorce, but you should know up front that even if you can prove adultery it is not going to give you some automatic windfall in the divorce, although it may prevent her from getting spousal support from you, which is often the biggest source of contention. 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. ... Read More

Whether your husband was the one who left is not determinative of whether you will receive spousal support or not.  There are a variety of factors the court will look at pursuant to Virginia Code section 20-107.1.  The most important of these are his ability to pay and your need for support.  The other factors are laid out below.  Since you have already been separated for more than one year, you can file for divorce right away.  I highly recommend hiring a lawyer to assist you with this. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following: 1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; 2. The standard of living established during the marriage; 3. The duration of the marriage; 4. The age and physical and mental condition of the parties and any special circumstances of the family; 5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family; 7. The property interests of the parties, both real and personal, tangible and intangible; 8. The provisions made with regard to the marital property under § 20-107.3; 9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity; 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; 11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; 12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and 13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. 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. ... Read More

Certainly the division of marital property can be structured however you both agree through a property settlement agreement. However, since your name is not on it, he may be able to dispose of it by short sale, if he is not in agreement with transferring it to you.  Also, you would obviously have to have sufficient income and assets to get approved for a mortgage on the property in your own name. 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. ... Read More