Charles R. Hofheimer’s Answers

Charles R. Hofheimer

Virginia Beach Divorce / Separation Lawyer.

Contributor Level 10
  1. We have no kids, lived apart for 6+ mos, but he won't sign a separation agreement, can I still file for divorce w/o it? (in VA)

    Answered almost 3 years ago.

    1. Charles R. Hofheimer
    2. Michael Christopher Miller
    3. Cindy Bassett
    3 lawyer answers

    Since the two prior attorneys have answered your question, I would just advise you that you can get a free book "What Every Virginia Women Should Know About Divorce" which outlines the process and might answer other questions as well.

    1 person marked this answer as helpful

  2. Pre-Trial Order for Proposed Scheme of Equitable Distribution

    Answered about 3 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    If the order says served on counsel served upon OC and CC 7 days prior then presumably it should be written and delivered 7 days prior. If the email was sent and received 7 days prior then you can argue no surprise to opposing counsel since the document was also mailed and hope the Judge does not penalize you. If you filed 6 days prior in writing and the Judge accepts then no real reason for verbal proposed scheme which is generally unacceptable for obvious reasons. Much of this depends on...

    1 person marked this answer as helpful

  3. If Spouse is out of country do we need to sign separation agreement?

    Answered over 4 years ago.

    1. Charles R. Hofheimer
    2. Mary G. Commander
    2 lawyer answers

    To get divorced now before 1 year of separation, you would need an agreement. But if you wait until 1 year of separation is over then you can file for divorce and will not need a separation agreement.

    1 person marked this answer as helpful

  4. Can I contest a separation agreement that I feel I signed under duress?

    Answered over 4 years ago.

    1. Charles R. Hofheimer
    2. James Hill Wilson Jr.
    3. Mary G. Commander
    4. Maury Devereau Beaulier
    4 lawyer answers

    You can absolutely contest a separation agreement you believe was signed under duress. Whether you can successfully prevail in overturning the agreement requires a lot more information than is provided. Virginia,like most states, is a tough state to overcome a signed contract. However, with the right facts and evidence, it has been done successfully. Contact and speak with a very experienced family law attorney in the Midlothian/Richmond area.

    1 person marked this answer as helpful

  5. How to divorce someone in prison without a lawyer in virginia?

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Charles R. Hofheimer
    2 lawyer answers

    Yes You can file for divorce on your own. The problem the other lawyers are referring to is your husband is under a LEGAL disability because he is in prison so an attorney has to be appointed to represent him. Usually that means that the party seeking a divorce from an incarcerated person has to pay for the attorney. If you cannot afford a divorce for you and your husband, you can speak to the clerk's office about how to have certain fees waived.

  6. What is my legal right?

    Answered over 1 year ago.

    1. Megan Catherine Wickre
    2. Jennifer E Mandell
    3. Charles R. Hofheimer
    3 lawyer answers

    You have legal rights ! You should have an initial consultation with an attorney. Download a free copy of my book "What Every Virginia Woman Should Know About Divorce" at www.freedivorcebook.com and consider attending on December 8th,2012 one of our 3 hour seminars "Second Saturday-What Every Woman Needs To know About Divorce" which will be conducted by one of our attorneys and a Therapist.. You can register for the seminar at www.monthlydivorceseminar.com .

  7. Can a settlement agreement be changed after divorce decree?

    Answered over 1 year ago.

    1. Jennifer E Mandell
    2. Mary G. Commander
    3. Charles R. Hofheimer
    3 lawyer answers

    If the agreement provides for amendment within it's terms then the amending power is part of the court order and the agreement should be able to be amended. You may need to return to court to have the amended provisions incorporated into a new court order for enforcement. Frankly, this is a great question but I don't have the time to research the issue of "incorporating the amended provisions for enforcement purposes".

  8. Can husband fight amount of support calculated?

    Answered over 1 year ago.

    1. Charles R. Hofheimer
    2. Daniel Seth Williams
    3. David Alexander Browde
    3 lawyer answers

    Yes-he can fight you on this. You can go to Juvenile and Domestic Relations District Court in Fairfax c without an attorney and petition for child and spousal support. The clerks will help you file your petitions. You may want to file for custody as well. It is important that you file quickly as your support will be calculated from the date you file even if it takes a while to actually appear in court. Fairfax J&D will use the Fairfax guidelines to determine your support so it should...

  9. My daughter admitted to an affair to her husband of 8 years. What rights does she have?

    Answered over 1 year ago.

    1. Jennifer E Mandell
    2. Charles R. Hofheimer
    2 lawyer answers

    Is your daughters agreement with her H in writing? Her H will have to pay child support as long as the children are in her physical custody. Don't fall prey to his threats. He is trying to bully her and she doesn't have to live in poverty because of a mistake of the heart. Yes, your daughter may have to face an embarrassing moment but don't let that ruin her life. I have a DVD on divorce and adultery and a great book on "What Every Virginia Women Should Know About Divorce" at www.FreeDivorceBook.com

  10. Rights to ex-spouse's military retirement

    Answered almost 3 years ago.

    1. Rixon Charles Rafter III
    2. Charles R. Hofheimer
    2 lawyer answers

    State law determines how much you are entitled to of your husband's Military Pension. Bluntly, Your husband lied to you. See the free Military Divorce book I co-authored with former Jag officer Matt Hamel at MilitaryDivorceBook.com