Virginia FAQs | Frequently Asked Legal Questions

What Happens If I Don’t Have A Will?

In Virginia, statute controls who inherits if you don’t have a Will. If you have a spouse, and all of your children are with that spouse, then your spouse inherits 100% of your probate estate. If you have children from a prior marriage, your spouse receives only 1/3 of your probate estate, and your children receive the other 2/3. Joint assets and assets that pass by beneficiary designation are not...

If I Have Primary Physical Joint Custody, Would I Have A Good Chance Of Getting Custody To Move Out Of State? Secondary Parent Is Behind On Child Support Payments And Is Inconsistent With Holding A Job.

Primary physical custody does not always guarantee that parent will be able to relocate out of the state. The Court will consider lack of financial support but more importantly whether the relocation will be detrimental to the relationship with the parent being left and whether there is an independent benefit to the child with the relocation. Lack of financial assistance, lack of consistent contact, and the circumstances surrounding the...

Is There Anything I Can Legally Do To Protect My Money, And If Not, At Least Start The Divorce Process While Deployed?

Question - Me and my wife are currently going through a divorce after I left for deployment. We haven't done any paperwork yet because of the fact that I'm overseas. She has been spending every dime of every paycheck I get as soon as I earn it. Is there anything I can legally do to protect my money and if not at least start the divorce process while deployed? You should...

How Can I Obtain Court Documents For A Case That Has Been Closed For The Past Seven Years If I Have No Living Contact For Case Information?

Question - "Part of the application process I'm in the process of filling out requires the disclosure of past criminal incidents. I would just call my old attorney, but they passed away a couple of years after representing me in this case. How can I obtain the court documents/case details for a case that has been closed for the past seven years considering I have no living contact for case information?" Answer: General District Court and Circuit Court Cases...

Can I Be Charged For Kidnapping If I Move Out Of State With My Children Away From My Husband?

Question - “My husband abandoned our family. We've been separated for almost a year and we’re still legally married. Our children live with me and I take care of them with no help from their father, but they do see him regularly. I would like to move back home (out of Virginia) closer to my family but my husband doesn’t want me to. He doesn't pay child support, and there is...

Can I Legally Require My Soon-To-Be Ex-Spouse To Only Communicate With Me Via Text Messages?

Question - "I have asked my wife to only contact me via text since we finalized our divorce. She refuses. I'd like to document all of our conversations for posterity's sake and I fully intend to request a modification to the custody agreement. My questions are - 1) Legally speaking, am I in the wrong with any of this? 2) What's my best course of action to get a court...

Can My Ex-Spouse Force Me To Pay Retroactive Child Support Payments?

Question - "I have heard that if I have my son less than 40% of the time I may have to pay child support. When we were together she agreed to pay for nearly everything for our son considering my financial situation. In her custody agreement, she is wanting me to pay for past expenses that she willingly paid. Is there any merit to this?" In Virginia, the court only...

I’m Worried My Mother Isn’t Preparing For The Transfer Of Her Assets Properly.

Question - "My mother is planning to leave $20,000 in savings to my sister and me, but I'm not sure about the way she is going about it. She plans to leave $10,000 for each of us, but she wants us to just transfer all of her funds from her bank account to our own, and that be that." Your mother can speak with her bank and see if there...

At What Point Does Your Business Credit Activity Stop Affecting Your Personal Credit?

Question - "I got my first business credit card earlier this year, which shows up as an inquiry on my personal credit record & has been affecting my personal credit score, which is totally understandable since I had zero business credit history. But at what point does your business credit activity stop affecting your personal credit? If I were to apply for a 2nd business card now, will it still...

Will I Be Responsible For My Parents’ Debt After They Die?

Question - "I am an only child with two parents who don’t have a lot of money and have a fair amount of debt. They don’t have any assets or an estate. Neither is in great health. I am very worried that their debt and hospital bills will transfer to me when they die." Children are not generally responsible for the debts and other obligations of their parents when their...