Virginia Divorce Legal Questions

I think the question requires more facts to answer and I’m not sure the answer is going to be clear-cut.  I can see persuasive arguments on both sides.  But I think the answer is that the S corp in Husband’s name alone, that he came into the marriage with, remains his sole and separate property.  By virtue of the fact that he kept it separate during the marriage, and didn't include you as an officer or director, manifests his intent to keep the asset separate, just as a bank account would remain separate if there was no commingling of funds.  If you worked for the company and were paid a salary, then that is all you are entitled to.  If you worked for the company without compensation, that might raise an issue.  But I think more likely, it will be considered Husband’s separate asset, but any income he receives from it would be includable for spousal and child support purposes. 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

Annulments are only granted in very specific limited circumstances, such as where the marriage was void to begin with (such as in cases of bigamy) or when you discover that the spouse was a felon or prostitute prior to the marriage, or was pregnant by another person at the time of the marriage.  However, failure to consummate the marriage is not a ground for annulment in Virginia.  You will most likely need to seek a simple 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 More

If you already have a divorce case pending, you can incorporate the agreement she signed into a court order and then move forward either with contempt of court proceedings or breach of contract.  You may also choose to file a motion for nondissipation of marital assets. 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 you want to file on no-fault grounds, you must wait until you have been separated for one year. 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

When you say "supposed to" - what is supposed to happen is whatever it says in the court order.  Are saying there was an agreement to different terms and then those did not get included in the final court order?  Did your lawyer not let you review the order before it was entered?  It's possible that the spousal support is still modifiable, depending on what it says.  If this happened recently, you may still be within your appeal period, so it would be imperative that you act quickly.  A lawyer could review your paperwork for a fee. 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

Since you do not have any children together you can file for divorce after a six month separation, IF you are able to get her to sign a property settlement agreement verifying that you have resolved any property issues.  Otherwise, you have to wait a full year to file, if you want to proceed on no-fault grounds, which is the fastest, cheapest, and easiest way to obtain a divorce.  Your only other option is to file on fault grounds, such as adultery, cruelty, or desertion.  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

You have 21 days after entry of the Final Order of Divorce in which to appeal it to the Court of Appeals.  You must be able to show some kind of legal error in order to have a viable claim on appeal.  If the terms of your property division were part of a settlement agreement, you could have challenged the contract as unconscionable, if you could show that it was inherently unfair and there was unequal bargaining power, such that you were pressured into signing it.  But it's a little late for that after the final divorce is entered. As for your car, if there is nothing in the court order or agreement that prevents you from selling it I don't see what's stopping you.  But if you sell the car you may lose that monthly payment he is making for you, so I'm not sure why you would want to do 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 More

Many lawyers will assist you if your spouse has enough money to pay their legal fees.  They can file a motion with the court to obtain attorney's fees from your spouse to cover your divorce against 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 More

You must file for divorce where one of you currently resides and you must meet the residency requirement of that state.  For instance, in Virginia, you must live here for six months prior to filing for divorce and you must live here at the time you file.  You also must verify that you intend for Virginia to be your permanent home.  Other states may have other residence requirements. 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

In order to obtain a quick no-fault divorce, you have to be separated for at least six months.  Since you have no kids you do not have to wait a full year, but you will have to have a written property settlement agreement (PSA) signed and notarized by both parties.  The PSA can spell out what will happen with the house, even if decide not to sell it right away or it could give either of you the option to buy the other out.  It is best to have a lawyer draw up your PSA, so that you make sure all issues are covered and your rights are protected. Once you have the six month separation and the PSA (which can be done at any time during those six months), the divorce itself can be done within a few weeks to a month, if both parties are cooperating.  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 she can trace where your money went and show that it came from marital funds, she could still be entitled.  If you gifted it all to your father, you could have some serious problems with the IRS.  But more than that it would be considered marital waste to give all of your assets away and you could still end up owing a marital share to your wife, even if you don't actually have it anymore, if she can show that you once did. 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

Any sexual intercourse with another person during the marriage before a divorce is final is technically adultery.  She can make the claim and you can try to defend it by saying that it was after you were already separated and was not the cause of the breakdown of the marriage.  It will ordinarily not get her anything anyway, unless she can show that you spent marital funds on your paramour.  She should not be able to obtain spousal support from you, if you were not supporting her during the marriage and if she cannot show that she needs it.  It's possible that her lawyer simply through that claim in there without really expecting to follow through on it.  Some lawyers are sloppy this way.  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

He may have been able to make the mortgage payment and keep living in the house, but that doesn't necessarily mean it's worth anything, if the fair market value is less than what is owed.  It's possible that the only reason he can afford it is because of the rent he is collecting from the roommate.  But even if you signed a Quit Claim deed retitling the property to him, you may still have a marital interest in the property.  It depends on what you signed, so I would have to take a look at that in order to advise you. 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

For such an open-ended question you need a full consultation with a lawyer to discuss 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

You got divorced without addressing the joint property?  You can ask her to sign a quit claim deed to transfer her title to you, but if her name is on the mortgage this will not help.  You ordinarily cannot remove her name from the mortgage without refinancing 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 More

In order to invalidate a contract, you must show some type of defense, such as that is was signed under duress or undue influence, that it is so one-sided as to be unconscionable, or that you were not mentally sound at the time you signed it and therefore did not have the mental capacity to contract.  Just the fact that you chose not to have a lawyer review it before you signed it is not going to be sufficient. 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

Yes, this is a pretty standard provision in divorce settlements, especially where one spouse is providing support for the other or for children of the marriage.  Because if anything were to happen to him, there goes your source of income. 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

There is no specific form you can fill out, but you need to have a contract prepared called a property settlement agreement to govern how you intend to divide any marital property, if you are buying something during the marriage that you want to remain separate property.  Or if you are intending to remain married, you can do a post-nuptial agreement, which is like a pre-nup, but signed after you are already married. 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

You simply need to file where one of you currently lives.  You must meet the residency requirement of that state.  In Virginia it is six months.  If the other spouse has no connection to that state, they can object to jurisdiction and demand that any issues regarding marital property or support be heard in the state where you last lived together or where the property is situated in the case of real estate.  Issues pertaining to custody of the kids are ordinarily filed where the children are residing, but can be determined in the divorce in any state, if no objects to 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

If you have already been separated the required amount of time, then the divorce itself can be done in a few weeks, if you are both cooperating fully.  You would have to add time for any delay caused from mailing documents back and forth.  If you don't have any kids you can get divorced after only a six months separation, but in order to do that you must have a written property settlement agreement.  That must be signed BEFORE you can file the divorce, so add some time to complete that process.  If you do have kids then you must be separated a whole year in order to file a no-fault 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 More

Annulments must be filed within two years of the date of marriage, so that is no longer an option for you.  And you would have to show medical impotence in order to sustain an annulment, not just that you did not have sex for some other reason.  But you can seek a divorce.   To file for divorce you must have grounds for divorce.  The most common ground is living apart for a year.  Or if you can prove fault against the other party, you can file right away.  The most common fault grounds are adultery, cruelty, and desertion.  It sounds like you may have a claim for cruelty. 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

Annulments are only granted in very certain situations in Virginia, such as that the wife was pregnant by another man at the time of the marriage without the husband's knowledge, or one party finds out that the other was a felon or prostitute prior to the marriage.  But I am not aware of a joke being a grounds for annulment.  Fraud is a grounds for annulment, but that would entail one of you being tricked by the other party.  Assuming you were both in on the joke, then you are going to have to have a regular divorce instead.  It doesn't matter which state you were married in, because all states give full faith and credit to the others' marriages.  Ordinarily you must file the divorce where one of you currently lives, but there are certain exceptions for military members if you are stationed in one state, but deployed somewhere else.   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

There is no ethical obligation for your spouse to cooperate with obtaining a divorce, even if they agreed to resolve all the issues in a property settlement agreement.  But you can get divorced without their cooperation.  You must have them served with the Complaint for Divorce, if you have not already.  They have 21 days from the date of service to file a written Answer with the court.  If they do not file an Answer within the deadline, then you can proceed to a final hearing without them.  To obtain a final hearing, you must submit a Request for Ore Tenus to the court, along with your proposed final order.  The law clerks will then review your paperwork and notify you of any problems or approve you to schedule a hearing.  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

There is no requirement in Virginia to file for a legal separation.  When the time comes for you to file for a divorce, you will merely need to state in the paperwork the date that you separated and then you will need to verify this under oath in either a court hearing, a deposition, or an affidavit.  You will also have to a witness to corroborate the date of separation and the witness cannot be your spouse. Since you have no minor children, you are eligible to obtain a divorce after being separated for six months, but in order to do that you do have to have a written separation agreement.  Without that you will have to be separated for a full year in order to file a no-fault divorce.  Otherwise you would have to prove fault grounds for divorce, such as adultery, cruelty, or desertion. 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

To file for divorce in Virginia first you must have grounds for divorce.  The most common grounds are the no-fault grounds of living separate and apart for at least one year (or six month if you have no minor children together and enter into a written property settlement agreement).   Otherwise you must prove fault, such as adultery, cruelty, or desertion. Once you have grounds, you can file a Complaint for divorce.  Your spouse either has to be served with legal notice of the divorce or they can sign a Waiver of notice.  Once your spouse has answered or waived then you can proceed to a final hearing, which can be done in court or by deposition or affidavit.  You must prepare and submit a Final Order to the court for approval and entry.  Once the judge signs this you are divorced.  Because it is easy to make errors at any step along this process, I highly recommend you seek an attorney to help you with any divorce, even a seemingly simple uncontested one.  I am often hired by people who have tried to handle their own divorce and it always takes me more time to correct what they have messed up than it would to do 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 More