Skip to main content
Charles R. Hofheimer

Charles Hofheimer’s Answers

61 total


  • I have a 2 year protective order against my spouse. can i sell the furniture? i reside in the home and he has been removed

    it is a no contact order

    Charles’s Answer

    Short answer, if no court orders prohibiting a sale , and it is marital propert ( acquired during the marriage with funds earned in the marriage) then yes. If you are selling his "stuff" then beware.If divorce is going to happen, a court will look at your actions at best didainfully.

    See question 
  • Can you get a judgement postponed?

    My husband has to have a certified check to his exwife by the 16th but the funds are on hold with the bank because of the amount and will not be ready until the 22nd. The judge's ruling is for him to go to jail on the 16th until a certified check...

    Charles’s Answer

    Offer ex extra money for extra time; include in the offer copies of the deposit slip and bank statement,; Submit motion to stay execution of sentence with copies of all documents. See if can enlist one of his family members to serve as an intermediary.

    See question 
  • 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)

    We live in VA, have a written separation agreement and it just needs to be notarized and signed by him. He states he agrees with the document but simply refuses to sign because I want the divorce, not him. Since we have no kids, no property, nothi...

    Charles’s Answer

    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.

    See question 
  • How early can we file for a no fault divorce if we are still cohabitating because we both wanted to be close to our child?

    our intimate relationship ended last december 2010 though we still lived together for our child. we lived in one roof but no longer do what married couples will normally do.

    Charles’s Answer

    Living separate and apart under the same roof means doing laundry separately, buying groceries and eating separately, living is separate rooms etc. And even doing all the things you can think of separately, there is no guarantee that a judge will accept your evidence. Different Juristictions throughout Virginia treat this issue differently. Even within a juristiction some judges are much stricter than others on proof. And some Judges believe one of the parties truly needs to leave the residence. Check my book @ www.freedivorcebook.com where I discuss many of the factors of living separate but apart in Virginia. You will receive a digital download immediately.

    See question 
  • Can my husband pull or have my medical records pulled for evidence in our divorce case?

    Can my husband use my medical records for evidence in our divorce case? He might want to use the fact that I have been hospitalized for depression to prove that I am an unfit mother, even though that incident occurred before we even had children!

    Charles’s Answer

    • Selected as best answer

    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 husband, his attorney or any agent for them. This includes not sending them copies of what the therapist sends to the court. And if the records must be sent, send in a taped package with a letter asking the court clerk who opens the package to retape it closed and initial over the tape until the judge reviews. Then, as soon as your therapist advises you of the subpoena duces tecum, immediately file a motion to quash.

    Also, ask the therapist to give you a copy of your records now and all billing records so you can properly prepare for your motion to quash hearing.

    See question 
  • Pre-Trial Order for Proposed Scheme of Equitable Distribution

    In the pre-trial order for my divorce, it states that a proposed scheme of equitable distribution must be served upon opposing counsel and the clerk of court 7 days prior to trial. Is email an acceptable way to send a proposed scheme of equitable...

    Charles’s 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 which juristiction you are in, which Judge you have and whether the Judge believes your reasons for not meeting you deadlines. Saying you didn't know doesn't usually get you very far with most judges.

    See question 
  • HOW LONG DO i HAVE TO FILE FOR DIVORCE BEFORE i RISK LOSING EVERYTHING SINCE i LEFT THE STATE OF VIRGINIA AND NOW IN TEXAS

    I have been married for 23yrs I left an abusive marriage a month ago I cant file for divorce here in Texas and claim property there in Virginia what's my risk factor and how long do I have before I lose everything and he walk away with all the pr...

    Charles’s Answer

    Your question is like asking "How long will I live?" It is not answerable with the facts given except to say, If your husband does not know where you are as is often the preferred venue of abused women, Then he can attempt to get a divorce after one year from your separation by publicatio. If you have a home and/or pension benefits/ or other real or personal property, you might want to file a divorce against him and ask the court not to divulge your address if you have evidence of actual physical abuse. You need to talk with an attorney in Virginia by phone to establish the best course of action for you. You can order the Book " what Every Virginia Women should know about divorce and get an immediate download version at www.freedivorcebook.com or you can order our new Military divorce book at www.militarydivorcebook.com.The information contained in either book should help you significantly.

    See question 
  • Overturning Legal Separation Agreement

    I was able to get my husband to sign a legal separation agreement, and he agreed to waive my retirement as part of it. If you exclude my retirement then the distribution is pretty even. If you include it, then it's pretty one-sided my way. Sinc...

    Charles’s Answer

    Unlikely if he was aware of the value and you were not hiding the asset. Contracts, once executed are hard to undue in Virginia unless there are certain types of fraud. If he was given an opportunity to make a reasonable decision and was not under duress in signing the agreement, then it should hold up. But see an attorney and disclose all the details if you want an informed opinion.

    See question 
  • Requirements for separation and separate maintenance

    My husband I are currently in the same home. He wants to file for divorce, but has no grounds. He will not move out, as that would be "abandonment." He is in a separate bedroom with a lock on the door and is keeping most of his food in that bed...

    Charles’s Answer

    You could file separate maintenance and the fault ground is desertion. Obviously if he is living separate and apart, locks his room and stopped paying the mortgage, his intent is to force you out (constructive desertion.) I assume you are not working. Going to J&D court is an option. Google virginiadivorcebook.com which answers some of your questions, even if you don't want a divorce. You are very foolish if you don't have a consultation with an experienced divorce attorney to discuss these serious matters.

    See question 
  • Im left with no money and I don't know what to do!

    I have been with my husband for 22yr married 14yr. we have 3 kids 19 16 12. My husband told me he has been having a affair for a yr. he has moved out and has moved in with her. we do not have a legal separation agreement. He has only been out of ...

    Charles’s Answer

    Order the book "What Every Virginia Woman Should know about divorce" at wwwfreedivorcebook.com then attend the seminar "What Every Woman Should Know about Divorce" at www.MonthlyDivorceSeminar.com in Newport News Virginia. Consult with an attorney before filing a divorce so that you can make the right strategic and tactical decisions.

    See question