Virginia Divorce Legal Questions

Thank you for your inquiry.  As a general rule, if parties reach "an agreement" regarding spousal support, the agreement is controlling and the court lacks the authority to take any actions contrary to the terms of the agreement.  If there are provisions in your document, which authorizes you to seek court action for an increase, after the expiration of the 10 year period, you may be able to modify the support.  However, in the absence of any saving language that reserves the court's authority to act there does not appear to be a basis for a modification.  Finally, Unfortunately, your questions cannot be answered in this forum because it will require a careful review of your agreement and the court order.    It is worth it to you to consult with an experienced family lawyer in your area to review the document, which holds all the answers.  Most lawyers charge by the hour for a consult, therefore, you should discuss this in advance to avoid any confusion about payment.  Best of luck~... Read More

I'm sorry to hear of your loss.  Please call the court, where your case was filed, and provide the court clerk with the case number.  Explain to the court that you recently discovered that your spouse had passed away and you are trying to ascertain your marital status.  Ask if a Final Order of Divorce was entered by the court and if so, when?   The court should be able to provide you with any information you need to move forward.  Best of luck~  ... Read More

If you have lived in Virginia for a period in excess of 6 months, you are eligible to file in Virginia. If you are returning to Florida, and wish to file in that jurisdiction, I suggest that you speak with a Florida attorney to discuss rules governing residents and domiciliaries of that state. If he remains in Va it may be quicker to file in Va, since you have both been domiciled in Va for a period in excess of a month. Thanks, Deborah ... Read More

The question is not whether it is illegal, but whether it is unethical. I am a Florida lawyer, not a Virginia lawyer, but in Florida, so long as the client has paid the legal fees, the lawyer has no right to withhold the client's file, including agreements. You do have a couple of alternatives, first, you can contact the VA state bar association and file a complaint or you can go to the courthouse and obtain a copy of whatever it is you need. Good luck!... Read More

Your question cannot be answered in this forum because you have not provided all of the information that may be required to address your issue.  For example, what are the circumstances surrounding the removal of the name from the deed?  Is this part of a court order, an agreement, refinancing, sale, etc.,  In the absence of this information, there is no way to know if this is going to be a simple matter or a complex process that will require judicial intervention to carry out the objective.  Most lawyers charge by the hour and will base services on the amount of time it will take to carry out a particular request.  Best of luck~... Read More

Your ex-wife has a right to call any witness she desires if the witness is competent to testify.  A competent witness is an individual with first-hand knowledge of the facts in the case and possess the ability to testify truthfully.  However, the issue is whether the witness is able to offer information that is relevant to the issues before the court. For example, if this is a custody case and the witness offers information that has nothing to do with a custody case, you may wish to object to the testimony of that witness.  Once the question is asked, you could object on the grounds of relevancy.  The court has to rule on the objection before the witness is allowed to respond. If you do not plan to engage counsel, perhaps, you should consult with an experienced family lawyer in your area to help you prepare for trial.   Most lawyers charge by the hour.  Therefore, you should discuss the cost of a consultation before scheduling an appointment, to avoid any misunderstandings regarding fees.  Best of luck~  ... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon the law in your state, as applied to the facts in this case.  What is not clear from your question is whether you were married at the time of his death.  How long has he been dead?  Is this a military or civilian retirement interest?   What if any knowledge do you have of his retirement, including whether you were designated a survivor of his retirement interest.  If you were not designated as a survivor of his plan, it is highly unlikely that you are entitled to any benefits.  The purpose of a survivor beneficiary plan is to protect the interest of the other spouse, in the event that the member dies before the plan pays out.  However, I cannot answer your questions without more information and suggest that you contact an experienced family lawyer in your area to see what options are available. Best of luck~... Read More

I suggest that you contact the Plan Administrator, which should be included in your order, and let them know you wish to file a change of address.  You should be able to do this with a letter.  However, all retirement plans vary and you must comply with the rules of that particular plan.  If they require a revised QDRO to disburse proceeds, it may become necessary for you to follow up with a new Order.  While I hope that is not the case, you must adhere to the requirements of the plan. Plans are bound by strict rules to ensure favorable tax treatment and will insist on strict compliance.  Best of luck~ ... Read More

Your question cannot be answered in this forum because more information is needed.  In order to properly protect your interest,  I suggest that you arrange to meet with an experienced family lawyer to discuss the grounds for divorce, your options and the best way for you to proceed. Please note that most lawyers charge by the hour; therefore, you need to discuss the lawyer's hourly rate before setting up the meeting, so there are no misunderstandings about fees and costs.  Best of luck~... Read More

Your question cannot be answered in this forum because more information is needed.  If you were never served and that is properly reflected in the court file, it may be possible to vacate the order.  Further, if your spouse had knowledge of your whereabouts at the time but did not go through the necessary process to seek the appointment of a GAL (Guardian ad Litem) to apprise the court of your true status, this may also constitute a basis to vacate the order.   Unfortunately, without further information and review of the entire court file, your question cannot be answered.  I suggest that you go to the court, request a complete copy of your file and set up an appointment with an experienced family lawyer in your area. Most lawyers charge by the hours for consultations; therefore, you should be prepared to discuss fees before you set up the meeting to avoid misunderstandings.  Best of luck~... Read More

Your question cannot be answered in this forum because more information is required.  For example, how long has the party living in Virginia lived in Virginia?  Is the person living in Virginia a resident and domiciliary of Virginia? Has the party living in Tennessee ever lived in Virginia? If so, how long and when did that party last reside in Virginia? Will the party living in Virginia have a problem attempting to serve the other party?  Is the divorce going to be contested or uncontested? Will the party living in Tennessee contest having the divorce filed in Virginia?  Lawyers.com offers general information and not legal advice. You are asking for legal advice, which cannot be provided without additional information relating to the facts in your case.  It is recommended that you contact a family lawyer in your area to set up an office consultation.   Most lawyers charge for consults based on their hourly rates.  Therefore, you should discuss rates before setting up an appointment to avoid and misunderstandings.  Best of luck~... Read More

Your question requires more information and cannot be answered in this forum.  What constitutes desertion will be based on the individual facts in your case.  For example, if you left the home was it by agreement?  Did you have a justification for leaving, if there is no agreement? What circumstances motivated you to leave the home?  The answer to these questions is important and needs to be carefully discussed before an answer can be provided.  Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in your case, as applied to the existing law. I suggest that you confer with an experienced family lawyer, in your area to discuss this matter in greater detail. Most lawyers charge by the hour for an initial consult, therefore, please discuss fees upfront to avoid any misunderstandings.  Best of luck~... Read More

Your question cannot be answered in this forum, without additional information.  I suggest that you set up an initial consultation with an experienced family lawyer in your area to discuss all options that are available to you.  Most lawyers charge by the hour; therefore, you should discuss the cost of an initial consult to avoid any misunderstandings concerning fees.  Best of luck~... Read More

Generally, where a party was married does not dictate the outcome of a case.  In the context of an annulment, this information would be relevant, only if there is a legal defect in the marriage.  As a general rule, the court will first determine whether it has jurisdiction to hear a particular case.  One of the requirements to file an action for annulment in Virginia is residency.  Are you a resident and domiciliary of Virginia? Have you lived in Virginia, with the intent to remain in Virginia for a period of at least 6 months before filing the lawsuit?  If you are able to satisfy the residency requirement, the next question is whether you have a legal basis to request annulment of the marriage? I have reviewed the facts provided in your case and you do not state why you would seek an annulment instead of a divorce.  There are very limited circumstances under which an annulment may be filed. Clients often mistakenly believe that filing an annulment is the proper remedy if they were married for a short period of time. However, this does not provide a proper basis for filing. Lawyers.com offers general information and not legal advice. Legal advice is based on the specific facts in your case as applied to the applicable law.  It is recommended that you confer with an experienced family lawyer in your area to discuss the actual requirements for an annulment, based on the facts in your case.  Lawyers charge a consultation fee, therefore, be prepared to discuss the cost of an initial consultation prior to setting up a meeting to avoid any misunderstandings or confusion.  Best of luck~  ... Read More

Lawyers.com offer general information and not legal advice.  Legal advice is based upon the specific facts of your case, as applied to the applicable law.   You stated that you are seeking to begin the divorce process and legal separation period (6 months).  To proceed with a divorce on the basis of a six-month separation, you must demonstrate that there are no minor children and you have reached an agreement.   Absent a fault-based divorce, such as cruelty, desertion, adultery, etc, you cannot proceed if you do not satisfy the above requirements.  As for disclosing your address, the short answer is yes.  You must disclose your address if there are minor children involved.  However, if there are no children, and you have a valid justification for not disclosing your address, maybe, your lawyer can file a Motion enjoining disclosure of this information.  I am not sure that your question can be properly answered in this forum and I suggest that you meet with an experienced family lawyer to discuss your matter in context and in greater detail.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum.  In order to answer your question, you need to have a clearly stated goal and a general willingness to pursue that goal.  It will not be easy to end this marriage, and will require a tremendous amount of effort to help you implement a legal strategy that works for you.  Yet, it can be done, if you are willing to gather the information necessary to support your claims, and you have witnesses with personal knowledge of the factors and circumstances leading to the dissolution of the marriage.  In order to protect your interest, I recommend that you commit to hiring a lawyer and look for someone with a willingness to help you get out of the marriage.  Please note that most lawyers charge by the hour, therefore, you will be investing in the time required to develop your case and prepare you for trial.  All time devoted to your case will be based upon the lawyer's hourly rate.  Therefore, you need to be able to candidly discuss fees and costs, at the time of the initial consultation, and see if there is anything thing the lawyer is willing to do to help you move forward.  The goal is to be candid with the lawyer regarding your ability to pay for services to avoid any confusion or misunderstanding.   Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum, as there are several variables that cannot be accounted for without an interview that makes it possible to discuss the particulars in your situation.  For example, your question appears to focus on the termination of your health insurance.  Yet, you raise this question in the context of a separation.  There is a major difference between what happens at the time of separation vs what happens upon entry of a decree of divorce.  Generally, when parties separate, the party providing insurance may continue to provide coverage until the parties are divorce.  However, once a divorce is entered, most insurers are no longer able to provide coverage for a former spouse.  Employers are generally required to offer what is referred to as COBRA or stated differently, a continuation of coverage.  However, if you are ill and cannot work, a court may require your spouse to pay spousal support, a part of which could be used to pay for your health insurance coverage. In order to answer your question,  I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs associated with the initial consult in advance of the meeting to avoid any confusion or misunderstanding. Best of luck... Read More

Lawyers.com offer general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum.  In order to answer your question, one must review the precise terms of the Decree, the date the order was entered, and how much time has gone by since the date of entry.  Further, were you represented by an attorney at the trial or hearing?  Did you reach an agreement or did the court rule on the amount of support due under the order?  In order to protect your interest, I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs for the initial consult in advance of the meeting to avoid any confusion or misunderstanding.  Best of luck~  ... Read More

Lawyers.com offer general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum and will require a complete review of the facts in your case.  As a general rule, the grant or denial of spousal support is totally discretionary with the court.  The judge will review all relevant facts in the case and make a decision by applying the applicable law to those facts. For example, what is your age?  What is the status of your physical and mental health? What is your earning capacity, education and work history? Did you work during the marriage?  What was your standard of living during the marriage, etc? The court will carefully consider all of the relevant statutory factors and then make a decision based upon your needs and your spouse's ability to pay. In order to protect your interest, I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs for the initial consult in advance of the meeting to avoid any confusion or misunderstanding.  Best of luck~  ... Read More

Lawyers.com offers general information and not legal advice.  It is not possible to provide legal advice without a complete review of all facts in the case relative to the issues in dispute.  As a general rule, if parties share joint liability for a leasehold interest, each party may also be entitled to occupy the premises.  I use the word, "may," because there are exceptions, which could be applicable.  For example, is there a history of violence? If so, what if any steps have been taken to exclude the offending party from the premises? Is there a protective order in place, which denies the other party legal access to the home, consistent with the terms of the Order.  Does your spouse continue to pay the rent on the property?  What if any steps have you taken to place the lease in your sole and separate name? It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for the initial consultation.  Therefore, you should discuss the lawyer's hourly rate and consultation before setting up an appointment to avoid any misunderstandings.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Your question is fact-specific and seeks legal advice. If your question is whether you can obtain a divorce based upon the facts presented the answer will depend on whether you have grounds to file for divorce.  In Virginia, examples of grounds include: separate and apart for one year; separate and apart for 6 months if there is a property settlement agreement and there are no minor children; desertion; cruelty, to name a few.  Once you have a basis for initiating a divorce, all of the other issues referenced in your summary may be presented as factors and circumstances leading to the dissolution of the marriage.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour, therefore, make sure you discuss the lawyer's hourly rate and how consultations are billed.  This will eliminate any confusion in the future.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based upon the specific facts in your case, as applied to the applicable law.   In matters of spousal support, the grant or denial of support is a matter that is totally within the discretion of the trial court.  The court will review the statutory factors, which include among other things the age of the parties, health, education, standard of living, etc., and make a decision based upon the needs of the asking party and the ability of the other party to pay. Your question cannot be answered in this forum and it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Please note that most lawyers charge by the hour for an initial consultation, therefore, you need to discuss the lawyers' hourly rate and all payment arrangement in advance of scheduling a meeting to avoid any confusion or misunderstandings.  Best of luck~... Read More

Your question cannot be answered in this forum. Lawyers.com offers general information.  You are asking a  fact-specific question that will be governed by the information in your particular case.  There is no way to address this issue without a careful review of your file, including the pleadings, and more importantly, the transcript.  If the Judge made an equitable distribution award, all of the particulars of the court's ruling must be included in the Order.  This usually involves securing a copy of the transcript ruling and preparing the order consistent with the transcript.  There is no way to predict how much time will be involved in reviewing the file, documents presented as part of the case, transcript, including statutory language, etc.  I suggest that you contact the lawyer who was asked to prepare the Order and request both a time estimate and cost approximation.  Best of luck~... Read More

It is never wise to IGNORE a Court Order.  If you have proper notice of a court hearing you MUST show up.  Perhaps, it would be wise to show up with a lawyer and defend your interest.  Please consult with an experienced family lawyer to protect your interest.  Best of luck~... Read More

Lawyers.com offer general information and not legal advice.  You will need to consult with an experienced family lawyer in your area to discuss the matter and obtain legal advice applicable to your particular case. As a general rule, please note that "all property" acquired during a marriage is considered "marital property," and will be subject to distribution by the court. If an annuity or house was acquired during the marriage, the court will treat it as marital property and divide it consistent with the statutory scheme set for in Virginia Code 20-107.3.  Although your home is in your name, the court wants to know if you used money acquired during the marriage (your paycheck) to pay the mortgage.  If so, this raises questions regarding your spouse's equitable interest in the home.  Additionally, when did you acquire the house?  Did you own it prior to marriage or did you acquire it during the marriage?  What was the source of funds used to purchase the house?  Although the property may be titled in your sole and separate name, this does not override any equitable interest the other party may have, if marital funds were used to pay down the mortgage.  Because there are several issues that must be resolved before more information can be provided, your question cannot be answered in this forum.  It is recommended that you consult a lawyer to discuss your rights in greater detail.  Most lawyers charge for an initial consultation, which is usually billed at the lawyer's hourly rate.  Therefore, it is important for you to clarify the payment policy before making an appointment to avoid any misunderstandings or confusion, given your current financial situation.  Best of luck~... Read More