Questions answered by James Hill Wilson Jr.

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Is there any way to protect yourself in case the worse happens, and you get a divorce besides prenup?

James's answer | Answered on March 16, 2016

Virginia allows prenuptial agreements and marital agreements, which can also take the form of separation agreements, property settlement...

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Hoping to avoid court. Been advised that video evidence might not be good enough for adultery. How can I divorce her?

James's answer | Answered on March 14, 2016

Adultery is the act of a spouse having sexual intercourse with someone of the opposite sex who is not his or her spouse. Adultery still...

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Must the debt collection law firm reveal whether or not they've purchased the debt?

James's answer | Answered on March 10, 2016

That is a ridiculously disproportionate amount of attorney's fees for the underlying debt amount, considering that the HOA could have adopted the...

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Am I suppose to still owe if I get a 1099 c for cancellation of debt?

James's answer | Answered on March 09, 2016

In addition to the responses of my esteemed colleagues, I would add that you should consult with a tax professional concerning amending your tax...

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Was served with a show cause for getting behind on spousal support if pay back before court will the show cause go away?

James's answer | Answered on March 09, 2016

You must appear in court in response to the show cause summons and explain why you should not be held in contempt - "show cause". These...

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Are there monetary benefits I should be pursuing in my divorce settlement that are solely based on being married 25+ years?

James's answer | Answered on March 08, 2016

An estranged spouse in Virginia may be entitled to temporary and permanent spousal support, temporary exclusive possession of the marital...

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Is this a violation of the law.

James's answer | Answered on March 04, 2016

I am changing the practice area to "Privacy." You and your husband should immediately contact a medical privacy/personal injury lawyer and the...

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Can my childs father legally take custody away from me?

James's answer | Answered on March 02, 2016

If you and the father on unable to agree on custody and visitation, a judge may decide those issues based on the best interests of your child. If...

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I am wanting to know if it would be okay to petition for full custody of my children?

James's answer | Answered on March 02, 2016

You should do what is in the best interests of your children, which would first be to collect child support from their father. Please call the...

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Use minor kids to testify in divorce court

James's answer | Answered on February 24, 2016

There is no minimum age requirement for a fact witness or for a child expressing a custody preference to a judge. While a witness will testify in...

James Hill Wilson Jr.'s Answers (1721)

Is there any way to protect yourself in case the worse happens, and you get a divorce besides prenup?

Hoping to avoid court. Been advised that video evidence might not be good enough for adultery. How can I divorce her?

Must the debt collection law firm reveal whether or not they've purchased the debt?

Am I suppose to still owe if I get a 1099 c for cancellation of debt?

Was served with a show cause for getting behind on spousal support if pay back before court will the show cause go away?

Are there monetary benefits I should be pursuing in my divorce settlement that are solely based on being married 25+ years?

Is this a violation of the law.

Can my childs father legally take custody away from me?

I am wanting to know if it would be okay to petition for full custody of my children?

Use minor kids to testify in divorce court