James H. Wilson Jr.

I assist clients with legal problems in the areas of bankruptcy, divorce, wills and trusts, and probate or estate administration. I am an experienced trial lawyer and have been a member of the Virginia State Bar since 1987. While I am glad to help clients settle their legal matters expeditiously and at the lowest costs to their satisfaction, I welcome the opportunity to litigate contested matters when settlement is not an acceptable option. I particularly enjoy the interplay between different practice areas, and have helped clients with both marital or divorce problems and financial problems such as bankruptcy, or family problems and probate or estate administration needs. I was graduated from the University of Virginia in 1984 with a B.A., and from the University of Richmond School of Law in 1987 with a J.D.

I am happily married with two sons at home. In my spare time, I enjoy spending time with my family, hiking, reading, chess, and sailing.

University of Richmond School of Law

J.D

1984 - 1987

University of Virginia

B.A | Foreign Affairs

1980 - 1984

James H. Wilson, Jr., Attorney & Counsellor at Law

Current

Virginia State Bar

Member

Current

Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections

Henrico County Bar Association

Member

Current

Richmond Bar Association

Member

Current

Activities: Bankruptcy Law Section

Virginia

• Free Consultation
  Free initial half hour consultation.
• Credit Cards Accepted

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Probate

Probate Administration, Probate Litigation, Will Contests

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Elder Law

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Q. how do I get a divorce based on adultery

January 18, 2023

A: A divorce is initiated by the filing of a Complaint in the appropriate Virginia Circuit Court. A divorce based on fault must include the basic elements of the fault ground that the Plaintiff will rely on, in numbered paragraphs in the Complaint. A party or counsel signing a pleading, such as a Complaint, is certifying that it is well-grounded in fact and warranted by existing law, or a good faith argument for the extension, modification, or reversal of existing law. Anyone interested in a fault-based divorce should consult with an experienced Virginia divorce lawyer.

Q. Do both parties have to sign a seperation agreement before the seperation begins?

January 12, 2023

A: Spouses can enter into enforceable separation agreements in Virginia. The agreement must be in writing and signed by both spouses, or recited in front of a court reporter. A separation agreement is not a requirement for a divorce in Virginia, although it allows a no fault divorce based on a six month separation and no minor children born or adopted of the parties to be granted. A no fault divorce in Virginia is based on a separation of the parties and the intention of at least one of the parties that the separation be permanent. That intention must exist continually for the duration of the separation, such that there is no probablility of reconciliation. If the parties are relying on the existence of a valid separation agreement for a 6 months no fault divorce, it must be signed by both parties prior to the filing of the divorce. There is no requirement that the agreement exist contemporaneously for the duration of the separation. Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.

Q. Divorce when in separate states

December 27, 2022

A: Divorces easily fall into one of two categories: contested and uncontested. An uncontested divorce typically proceeds as a no fault divorce based on a signed written separation agreement between the spouses. All the incidents and consequences of the marriage have been addressed: spousal support; child custody, child visitation, and child support; the division of marital property; the allocation of marital debts; treatment of tax consequences; payment of attorney's fees and costs. With a signed written separation agreement, there should be no surprises, and no need for multiple court appearances. Typically, one party accepts service of the complaint for divorce and makes no appearances beyond that. A contested divorce is an entirely different matter. One or more of the consequences of the marriage will be decided by a judge. This can require any number of court appearances and evidentiary hearings. In some cases, a contested divorce case is the best way to proceed, particularly when the other party is unreasonable or vindictive and there are significant financial consequences. With a contested divorce, there a some procedural measures that do not require the spouse's appearance; others do. For an out-of-state litigant, this means inconvenience, stress, and additional expenses. Any one facing a divorce case in Virginia should consult with an experienced divorce lawyer. For an out-of-state litigant, whether the case is contested or uncontested makes a huge difference.