Charles R. Hofheimer’s Answers

Charles R. Hofheimer

Virginia Beach Divorce / Separation Lawyer.

Contributor Level 10
  1. 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

    Answered about 3 years ago.

    1. Charles R. Hofheimer
    1 lawyer 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.

  2. Can you get a judgement postponed?

    Answered about 3 years ago.

    1. Charles R. Hofheimer
    1 lawyer 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.

  3. 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?

    Answered about 3 years ago.

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

    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....

  4. 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

    Answered over 3 years ago.

    1. Charles R. Hofheimer
    2. Michael Christopher Miller
    2 lawyer answers

    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...

  5. Overturning Legal Separation Agreement

    Answered over 3 years ago.

    1. Charles R. Hofheimer
    2. Pamela Koslyn
    2 lawyer answers

    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.

  6. Requirements for separation and separate maintenance

    Answered over 3 years ago.

    1. Michael Christopher Miller
    2. Charles R. Hofheimer
    2 lawyer answers

    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...

  7. Im left with no money and I don't know what to do!

    Answered over 3 years ago.

    1. Charles R. Hofheimer
    2. David Bernhard
    3. Lisa Michelle Harris
    3 lawyer answers

    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.

  8. I AM IN NEED OF A LAWYER IN ROANOKE, VA. THAT CAN DO A QDRO-MY DIVORCE IS FINAL

    Answered almost 4 years ago.

    1. Shane Lee Jimison
    2. Charles R. Hofheimer
    2 lawyer answers

    try John Grove 540 983 7697 He is an excellent divorce attorney and should be able to help you.

  9. Can I, the mother, take kids out of state before divorce?

    Answered almost 4 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    If there are no court orders about custody or visitation in place, you can take the kids out of state if you are just visiting people and the children are not missing school, but remember, if their father doe not know where they are he will say you kidnapped them and go to court to get an ex-parte custody order which would very likely be granted. You need to leave a paper or digital trail showing that he is informed of what you are doing and where the kids are.If you are talking about...

  10. I want to divorce my husband of 11yrs and keep the house... can I do that even though there are back payments due?

    Answered almost 4 years ago.

    1. Charles R. Hofheimer
    2. Shane Lee Jimison
    2 lawyer answers

    Is it possible, yes, if he agrees in writing and you have the capability of bringing the payments current and refinancing loan. working this out requires a very capable attorney . Good Richmond family law firms include Batzli Wood and Stiles; Barnes and Diehl ; and Hall and Hall. Good luck.