Charles R. Hofheimer’s Answers

Charles R. Hofheimer

Virginia Beach Divorce / Separation Lawyer.

Contributor Level 10
  1. Does my wife have to get out of my business when we get divorced?

    Answered almost 5 years ago.

    1. Charles R. Hofheimer
    2. James Hill Wilson Jr.
    3. Steven Alan Fink
    3 lawyer answers

    Equitable distribution--(how property is divided in divorce is governed by Section 20-107.3 of the Code of Virginia.)- Essentially, one of you will be forced out of the business and it is usually the least involved spouse. Assuming the business has value. you will likely be ordered to pay a monetary award to your wife for her interest in the business. This is a complicated issue and you should seek counsel.

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  2. Can my husband pull or have my medical records pulled for evidence in our divorce case?

    Answered over 3 years ago.

    1. Charles R. Hofheimer
    2. Mary G. Commander
    3. Brian Elliott Arnold
    3 lawyer answers

    If your husband seeks to obtain your medical records by subpoena, you can file a motion to quash his subpoena and a motion to keep your records under seal pending a hearing. You should send a letter to your therapist advising her or him that no permission to release your records without a court order is granted by you under HIPPA. Advise your therapist to only send the records to the court if an order or subpoena is served on them, and under no circumstances should records be given your...

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  3. My husband just told me that he was seeing someone else & wants a divorce. What are my rights?

    Answered about 2 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    Without knowing about home ownership, pensions, relative incomes it is not possible to outline your rights here but go to www.freedivorcebook.com where you can download my book or order it. It's title is "What Every Virginia Woman Should Know About Divorce". It will answer your questions. Meanwhile, DO NOT SIGN ANYTHING !!

    1 lawyer agreed with this answer

  4. Is a spouse entitled to an inherited estate in a divorce?

    Answered over 2 years ago.

    1. Charles R. Hofheimer
    2. Jennifer E Mandell
    3. Robert Ricci
    3 lawyer answers

    No-Inheritance in VA is separate property and not part of the Marital estate.

    1 lawyer agreed with this answer

  5. Discovery process in the State of Virginia

    Answered about 3 years ago.

    1. Howard M Lewis
    2. Charles R. Hofheimer
    3. Edward V O'Connor Jr.
    3 lawyer answers

    The issues require a review of the agreement to determine if it is an unconscionable agreement (terms so unfair no one in their right mind would sign) and an understanding of the circumstances occurring at the time of signing. You really need to meet with an experienced attorney.

    1 lawyer agreed with this answer

  6. Can I leave virginia with my baby and still win custody?

    Answered almost 5 years ago.

    1. Edrie Arlene Pfeiffer
    2. Charles R. Hofheimer
    2 lawyer answers

    Moving out of the state with your child is considered a relocation custody issue. It would be helpful to know your husband's current duty assignment and whether and/or when he may be leaving on an extended assignment. While no lawyer can definitively answer what a court may do with your situation, the probability is that if you are not moving to impede a relationship with the baby and it's father and you can show efforts to mitigate your husband's loss of contact with the child, the court is...

    1 lawyer agreed with this answer

  7. How long does a separation agreement remain valid

    Answered almost 5 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    The answer to this question is found in the terms of the separation agreement. The relevant questions are does the agreement have a recociliation clause, If so this could be of huge significance. You need to show me the agreement so I can answer your question once and for all. If you are of the male gender I cannot answer you question as my practice is representing only women in custody and divorce matters.

    1 lawyer agreed with this answer

  8. Divorce under VA state law, rights to spousal support, division of property

    Answered almost 5 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    If the house is purchased with marital funds, regardless of title being in your husband's name, you have a marital interest in the home.Even if your name is not on the deed or the mortgage, you have a marital interest in the home and should receive compensation for your contributions both monetary and non-monetary.If you get divorced in a year or so, you can assert your interest in the property and ask the court for a monetar award.

    1 lawyer agreed with this answer

  9. Percentage of my income towards alimony and length of duration of alimony

    Answered almost 5 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    GIVE HIM 25% OF YOUR NET INCOME AND TELL HIM TO START FLIPPING HAMBURGERS.lIFE'S TOUGH AND SOMETIMES WE HAVE TO DO WORK BENEATH US. tELL HIM THE GRAVY TRAIN IN America is over and it is time to take whatever work is avaiiable

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  10. How do I request time to make changes to agreement prior to divorce?

    Answered about 2 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    If Husband not cooperating, you should file an answer to his complaint and then a crossbill asking for the relied you are requesting which is either a change in custody or a change in visitation due to the change in the relationship of the child with the father and that it would be in the child's best interest to modify custody or visitation. For more information, go to www.freedivorcebook.com

    1 person marked this answer as helpful