James Hill Wilson Jr.'s Answers

My wife wants divorce home & vehicles & bills in her name. what will i be responsible for?

You should first discuss with your Virginia attorney your rights under the Servicemembers Civil Relief Act, which protects active duty military personnel from being forced to answer civil cases at their inconvenience and expense while deployed overseas. If you and your wife are unable to reach an agreement with a written separation agreement or property settlement agreement on how to divide up your property and debts, a judge can divide your property and allocate your debts through the...

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How can I remove my husband from my home in the state of Virginia?

It is difficult to remove a spouse from the home absent some physical danger. Nevertheless, verbal threats, psychological abuse, and pushing can certainly constitute cruelty and reasonable apprehension of bodily hurt, which can be fault grounds for divorce. Habitual alcoholism which poses a risk to the other spouse because of the drunken spouse's behavior may also constitute cruelty or desertion of the marital relationship. In Virginia, a spouse can file immediately for a divorce from bed...

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If being a lone without companionship has a medical basis of concern would it be ok to date before even filing divorce papers.

It depends on what you mean by "date". Virginia has both fault and no-fault grounds for divorce. There are at least two fault grounds that your question raises: (1.) desertion and abandonment and (2.) adultery, sodomy and buggery. A spouse may use the desertion or abandonment by the other spouse as a basis for obtaing a divorce. You state that you have not been "intimate" for almost a year. In Virginia, the lack of sexual intercourse may constitute a constructive desertion or...

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Can a bank go after person's savings and assets if he forecloses in virginia

Mr. Press is entirely correct. Although the bank may be able to go after your friend's assets, there are federal and Virginia statutes that allow your friend to exempt certain property from creditor process. Your friend may be able to use these laws to protect his savings and assets after the bank obtains a deficiency judgment. Most of the Virginia exemptions are found in Title 34 of the Code of Virginia, although there are other specific exemptions in other titles the Code. Under the "...

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Does my wife have to get out of my business when we get divorced?

You and your wife can settle your differences, including the disposition of your business, with a separation agreement or property settlement agreement. You may do this on your own, either or each with an attorney, or through mediation. If you are unable to reach an agreement, you can ask the court to divide all your marital property and debts through the equitable distribution process, link to Section 20-107.3 below, as part of your divorce case. As a starting point, the judge will...

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I am named in a judgement for which i have no financial responsibility.

You should consult with a lawyer regarding setting aside the judgment entered against you. Elderly patients may be able to pay for medical care received with Medicare, Medicaid, or private insurance. Virginia is among a number of states that have imposed a legal duty on adult children to provide maintenance and support to their parents in necessitous circumstances by statute, Section 20-88 of the Code of Virginia. The Virginia Juvenile and Domestic Relations District Courts have exclusive...

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Short sale

Virginia is a state which allows the holder of a note secured by a deed of trust on real property to pursue the borrower for a deficiency judgment in the event a foreclosure auction does not bring in enough money to pay off the note, unless the financing was nonrecourse financing, i.e., no personal liability on the part of the borrower. Virginia also recognizes the common-law right of set-off, or offset, by a creditor. As defined in Black's Law Dictionary (Abridged 6th Ed., 1991) as "...[T]...

Had a protective order for 15 days , but as the days have pass i found my wife is cheating on me.

Adultery is a fault ground for divorce in Virginia, which can allow you to file immediately and ask for related relief such as temporary spousal support, exclusive possession of the marital residence, a freeze on assets and attorney's fees and costs to allow you to carry on the divorce suit. Adultery has a higher burden of proof than the ordinary civil burden of preponderance of the evidence; you must prove adultery by clear and convincing evidence. Adultery occurs when a married person has...

My wife wants a divorce. we both reside in thesame apt both the apt is in her name, and she refuse to pay her half of the bills.

The debts that are in the name of your wife alone should not be reported on your credit report simply because you are married. Each spouse has a separate credit history that reflects that spouse's debts, whether individual or joint, or as an authorized user, and public records of any judgments and bankruptcies. If you dispute any debts reported on your credit report, you should notify the three national credit repositories, Experian, Equifax, and Transunion, and the reporting creditor of the...

After 1 year of seperation, do I still need a PSA to get divorced ?

Virginia allows a no fault divorce to be granted after the couple lives separate and apart for at least a year with one of the spouses having the intention that the separation be permanent. If there are no minor children and the parties have entered into a separation agreement, a divorce may be granted after the couple has lived separate and apart for six months. Anyone considering divorce should consider the possibility that his or her spouse may contest the divorce, file a counterclaim...