Charles R. Hofheimer’s Answers

Charles R. Hofheimer

Virginia Beach Divorce / Separation Lawyer.

Contributor Level 10
  1. If you file for separation and then divorce using mediation will you have to appear in court?

    Answered over 4 years ago.

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

    Mary Commander did a great job answering your question. Among the issues that arise when you prepare to file is whether you have lived separate and apart for the statutorily prescribed time, whether you actually both signed a separation or stipulation agreement, whether you have lived in Virginia for six months immediately preceding the filing of the divorce, whether the court has personal juristiction over both of you if you are seeking anything (support, custody etc). Probably worth your...

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

    Answered over 4 years ago.

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

    While you probably don't need a PSA--Having one joint debt does not mean you don't have marital property. Marital property is "all property, not otherwise separate, acquired during the marriage, REGARDLESS OF TITLE." So if you bought a car during the marriage in your name only, It is marital property and if it has any equity, he may have a marital interest in your car.So like a broken record, have an initial consultation with an attorney to make sure no hidden problems. Also you can get a free...

  3. I need to know the steps on getting a divorce

    Answered over 4 years ago.

    1. Sonja N Aoun
    2. Charles R. Hofheimer
    3. David Alexander Browde
    3 lawyer answers

    check www.freedivorcebook.com for a free copy of "What Every Virginia Woman Should Know about Divorce". (The book regularly sells on Amazon.com for $29.95.) Go to DivorceSource.com and ask attorneys online the questions you would like to have answered. Beg, Borrow and otherwise figure out how to pull some money together. You can't sit back and let things get worse by being a victim. You must be on the offense no matter how devastated you are. Go to Juvenile court in Spotsylvania and get spousal...

  4. This is the second ?

    Answered over 4 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    There is no required paperwork to establish a legal separation in Virginia--You are separated when one of the parties leaves the marriage with the intent not to return. To obtain court ordered custody , Child support and spousal support, you file a petition in the juvenile court in the juristiction where you live. You do this at the Juvenile and Domestic Relations court clerk's office. You can do this without an attorney.

  5. My divorce date is set for 5/20/10 we cannot agree on a settlement my atty says she has to file settlement paper in 4 days what

    Answered over 4 years ago.

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

    Mary Commander's answer re: confusion between a protective order and your divorce is correct. You really need to speak with your attorney as she probably has to file a pre-trial order or brief and thus there is the normal pressure to either settle the case or try it. You have very little time so you need to meet with your attorney ASAP.

  6. What do I need to prove residency in VA so I can file a divorce here?

    Answered over 4 years ago.

    1. Sonja N Aoun
    2. Charles R. Hofheimer
    2 lawyer answers

    Sonja has given you some good advice. Additionall,There are 2 kinds of divorce, in rem and in personam and it make a difference which type you seek if you want the court to determine spousal support, child support, custody and division of property. Normally an in rem divorce is a naked divorce meaning that is all you get, the divorce itself. An in personam means the court has personal juristiction over both of you and can order appropriate relief on all the matters listed above.(supportd,...

  7. Is a confession proof of adultery?

    Answered over 4 years ago.

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

    condonation--When a husband admits to an affair and wife takes him back and has sexual intercourse with him knowing of the affair, she has condoned the act--she has legally forgiven him .

  8. I am seperated and can file for divorce in about a month. I have been dating someone during the seperation and am now pregnant.

    Answered over 4 years ago.

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

    Custody is not determined by whether you are pregnant it is determined by the best interests of the child. See my daughter's book on custody www.custodysurvivalguide.com Your boyfriend should not move in with you and your daughters, that can cause you to lose custody because seldom does the court support unmarried folks living together when young children of a different relationship are in the home. You clearly have alot of questions and you should meet with an experienced custody attorney so...

  9. I'm looking for a dually licensed divorce/seperation lawyer for Va and NC

    Answered over 4 years ago.

    1. Charles R. Hofheimer
    1 lawyer answer

    Mary Elizabeth Davis of my office practices in Va. and Northeastern NC 757-425-5200

  10. What are my rights after 25 yrs of marriage and four kids as a stay at home mom?

    Answered over 4 years ago.

    1. Shane Lee Jimison
    2. Charles R. Hofheimer
    3. Virginia C Haizlip
    3 lawyer answers

    Save the email, order my book "what every Virginia Woman Should know about Divorce:" from www.freedivorcebook.com, check out Divorce Source for lots of free divorce information and make an appointment with an attorney after you have read my book. Meanwhile, don't send him email responses, don't get ugly or show anger, Do the unexpected to keep him guessing about what you are doing. Grab copies of everystatement from banks, credit card companies, personal documents. If you call our office we...