FAQs

Will and Estates/Estate Planning

Virginia law says that my property will go to my husband when I die. That is what I want. Why do I need a will?
Well . . . think about what would happen if you are not the first to die? While a Will is appropriate in all cases, the need for a Will can more easily be seen when you consider what happens when the second spouse dies. Or if you and your spouse die in a common accident (car crash, etc.). Who do you want to get your property then? Who do you want to be the custodians of your children?

I have remarried and each of us has children from our first marriages. If she survives me, and I don't have a Will, will my wife still get my property?
NO! Virginia law, and the laws of most other states, provide that if you die intestate (i.e., without a Will) leaving children who are not the children of your current spouse, your current spouse gets only
1/3 of your estate and your children will receive 2/3. If this is not what you want, you need a Will, now.

Domestic relations issues (Press here to view "Divorce in Virginia" e-pamphlet)

How long do I have to be separated from my spouse to get a divorce in Virginia?
Generally speaking, 1 year. If the divorce is based on adultery, the divorce can be granted as soon as the judge agrees that adultery has been proven. If the parties do not have any children, and have signed a Separation Agreement/Property Settlement agreement, then the judge can grant a divorce on the basis of a separation that has lasted only 6 months. (Processing time usually makes a "6 month divorce" a bit longer, but inasmuch as there is a similar processing time for other no-fault divorces, the time period is still about 6 months shorter.

If my husband and I separated a year ago, but decided just last week to get a divorce, have we been separated long enough?
No. The separation has to be a "real" separation, with an intent to remain apart from each other. And this intent must span the entire statutory separation period. For example, you cannot geographically separate because of work requirements a year ago, not intending to divorce, and later decide that the marriage is failing, and add that time period to the time you decided to divorce two weeks ago.

What does having "joint custody" mean? Will I will have the children living with me exactly one half of the time and their other parent the other half?
Answer: No, joint custody means that the parents retain joint responsibility for the care and control of the child (just like they did when they were living together with the child). In theory (but not not necessarily in practice), each parent has co-equal joint authority to make decisions concerning the child. Joint physical custody suggests the "equal living" type of custody. Joint physical custody is a wonderful idea in many cases, but generally not practical for long distance relationships.

Will you help me to complete one of the divorce kits I purchased from another site on the internet?
Answer: No. Have you checked out the attorneys fees on our site for the type of divorce you are contemplating? You will have to trust me on this, but in every situation in which I have been involved where a client has used one of these "kits" to start his or her divorce, it would have been cheaper for the client to have hire an attorney to do the divorce from scratch than to hire us to fix what was messed up. The kits do not give enough substantive help to get the divorce done; we use computers and talented staff, and have cut our fees dramatically for simple divorces so that it is less expensive to a client to hire an attorney to complete the whole process than to start the process with a kit and then hire an attorney to fix what's broke. Just as a mechanic would not try to teach you how to replace and gap a spark plug, it is similarly just to difficult to try to teach a client how to complete his own divorce. While the process sounds easy (after all, it is "no-fault and uncontested"), there are complexities to everything in life that created the need for professionals in the first place.

Bankruptcy Issues (Press here for more Bankruptcy Questions and Answers)

I filed for Chapter 7 Bankruptcy three years ago, but just went through surgery that kept me out of work for three months. I'm in trouble again. Can I file another bankruptcy now? Probably. A new Chapter 7 petition can be filed only after 6 years from the previous one. However, relief may (and probably is) available under Chapter 13 of the Bankruptcy Code.

Domestic Relations Estate Planning Bankruptcy Trial Meet the Attorneys Meet our Staff Firm Philosophy		Questions and Answers
	Topic	Question	Answer
	Wills & Estates	Virginia law says that my property will go to my husband when I die. That is what I want. Why do I need a will?	Answer
		We have remarried and each of us has children from our first marriages. If I die first without a Will, will my wife still get my property?	Answer
	Domestic Relations	How long do I have to be separated to get a divorce in Virginia?	Answer
		My husband and I separated a year ago, but decided just last week to get a divorce. Have we been separated long enough to begin the process?	Answer
		What does having "joint custody" mean? Will I will have the children living with me exactly one half of the time and their other parent the other half?	Answer
	Divorce	Will you help me complete one of the divorce kits I purchased over the internet?	Answer
	Fees	What are your Fees for Uncontested Matters?	Answer
	Bankruptcy	I filed for Chapter 7 Bankruptcy three years ago, but just went through surgery that kept me out of work for three months. I'm in trouble again. Can I file another bankruptcy now?	Answer