Archived
My ex says she is moving to California and taking the kids from VA beach Virginia to be with her partner can she do that?
James's answer
|
Answered on July 06, 2017
If there is an existing court order, a parent is required under Virginia law, to give 30 days advance written notice of any intended relocation to...
I am a resident of VA, my spouse isn't. Can I get divorced in VA?
James's answer
|
Answered on July 06, 2017
Your question raises the issues of personal jurisdiction through the long-arm statute and the concept of divisible divorce. It is possible for a...
Collector for a creditor included in a ch 13 bankruptcy still coming after me What to do?
James's answer
|
Answered on July 06, 2017
To whom will you be proving discharge of the debt? The national credit reporting repositories? A state court judge in a collection action?
If...
Archived
Married 20 years, he has had 401K for the past 18years. What would I be entitled to under Virginia law?
James's answer
|
Answered on June 29, 2017
Under Virginia Code Section 20-107.3(G), a spouse may receive up to 50% of the marital share of a pension, profit-sharing or deferred compensation...
How can I get a copy of my father's will in the state of Virginia?
James's answer
|
Answered on June 27, 2017
It should be filed in the jurisdiction where your father last resided, which may not be the place he died, if he was transferred to a nursing home...
Archived
What amount of alimony should I settle with?
James's answer
|
Answered on June 27, 2017
A spouse may be liable for either temporary or permanent spousal support or maintenance in Virginia. Each spouse is legally responsible for...
How can I obtain sole possession of my home during separation?
James's answer
|
Answered on June 26, 2017
A spouse may ask for temporary or pendente lite relief while a divorce case is pending, including exclusive possession of the marital residence, a...
Archived
My wife would like to know if we are allowed any type of contact during the separation period of a divorce & the divorce itself?
James's answer
|
Answered on June 26, 2017
There is an inherent conflict of interest for an attorney in an uncontested divorce. No attorney can advise you both, even if you are in agreement...
Archived
Could I lose my custody case because I moved to another state before petition was filed? Also if I receive public assistance?
James's answer
|
Answered on June 22, 2017
Under the Uniform Child Custody Jurisdiction Enforcement Act, an initial interstate custody dispute will likely be heard by a court in the "home...
Archived
I just received a garnishment summons in Virginia what options do I have to dispute
James's answer
|
Answered on June 22, 2017
A garnishment in Virginia is issued based on an existing judgment. Most collection judgments were obtained via a Warrant in Debt served on the...