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Biography

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.

Education
University of Richmond School of Law
J.D
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University of Virginia
B.A | Foreign Affairs
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Professional Experience
James H. Wilson, Jr., Attorney & Counsellor at Law
Current
Professional Associations
Virginia State Bar
Member
Current
Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections
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Henrico County Bar Association
Member
Current
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Richmond Bar Association
Member
Current
Activities: Bankruptcy Law Section
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Jurisdictions Admitted to Practice
Virginia
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Fees
  • Free Consultation
    Free initial half hour consultation.
  • Credit Cards Accepted
Practice Areas
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
Languages
  • English: Spoken, Written
Legal Answers
Q. Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?
A: In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout Virginia, and some judges are more skeptical of whether it has actually occurred continuously for the required period of separation. A separation under the same roof poses practical difficulties, and seems more likely to lead to greater stress, conflict, and possible cruelty or violence. Given that divorced spouses rarely live together after the divorce, it seems to simply forestall the inevitable, and defeats the purpose of requiring a separation for a no-fault divorce.

Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.
... Read More
Q. If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?
A: A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case in Virginia, either spouse can request spousal support, determinations of child custody, child visitation, and child support, equitable distribution, and an award of attorney's fees. If the spouses can resolve all these issues, then a signed, written separation agreement evidencing that settlement can be ratified and incorporated into the final order of divorce.

Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer. ... Read More
Q. What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property
A: A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was converted by the Defendant, by a preponderance of the evidence, that is, more likely than not. This is the normal burden of proof in a civil (noncriminal) case. The first date listed on the Warrant is typically a return date, where the judge determines whether the parties are at issue, meaning there is a controversy to be decided. If so, a trial date is set. The Plaintiff can request an Answer and Grounds of Defense from the Defendant, and the Defendant can request a Bill of Particulars from the Plaintiff. At trial, the parties can present evidence and testimony in support of their side of the matter. If the parties are not pleased with the outcome, either can file an appeal to the Circuit Court for a trial de novo, a new trial without regard to the outcome in the lower court.

Anyone facing a case in a General District Court in Virginia should consult with an experienced Virginia trial lawyer.
... Read More
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Websites & Blogs
Website
James H. Wilson, Jr.'s Website Profile
Website
James H. Wilson, Jr. Website
Blog
The Interplay Between Bankruptcy and Divorce Law in Virginia
Blog
Adultery in Divorce Law in Virginia
Videos
How Is Child Custody Decided In Virginia? How Is Child Custody Decided In Virginia?

How Is Child Custody Decided In Virginia?

How Is Property Divided In a Virginia Divorce? How Is Property Divided In a Virginia Divorce?

How Is Property Divided In a Virginia Divorce?

How is spousal support calculated in Virginia? How Is Spousal Support Calculated in Virginia?

How is spousal support calculated in Virginia?

How is child support calculated in Virginia? How Is Child Support Calculated in Virginia?

How is child support calculated in Virginia?

Which divorce debts may be discharged in bankruptcy? Which Divorce Debts May Be Discharged In Bankruptcy?

Which divorce debts may be discharged in bankruptcy?

How are temporary spousal support and child support calculated in Virginia? How Are Temporary Spousal Support and Child Support Calculated in Virginia?

How are temporary spousal support and child support calculated in Virginia?

Is a separation agreement necessary for a no fault divorce in Virginia? Is a Separation Agreement Necessary for a No Fault Divorce in Virginia?

Is a separation agreement necessary for a no fault divorce in Virginia?

Is a husband or wife responsible for his or her spouse's debts in Virginia? Is a Husband or Wife Responsible for His or Her Spouse's Debts in Virginia?

Is a husband or wife responsible for his or her spouse's debts in Virginia?

Does legal title determine interests in marital property in Virginia? Does Legal Title Determine Interests in Marital Property in a Virginia Divorce?

Does legal title determine interests in marital property in Virginia?

Must a husband and wife file bankruptcy together in Virginia? Must a Husband and Wife File Bankruptcy Together in Virginia?

Must a husband and wife file bankruptcy together in Virginia?

Is there a legal separation in Virginia? Is There a Legal Separation in Virginia?

Is there a legal separation in Virginia?

What are the grounds for annulment in Virginia? What Are the Grounds For Annulment in Virginia?

What are the grounds for annulment in Virginia?

Can an individual with high income obtain bankruptcy relief in Virginia? Can an Individual with High Income Obtain Bankruptcy Relief in Virginia?

Can an individual with high income obtain bankruptcy relief in Virginia?

How may a separated spouse obtain support in Virginia? How May a Separated Spouse Obtain Support in Virginia?

How may a separated spouse obtain support in Virginia?

What are the grounds for divorce in Virginia? What are the grounds for divorce in Virginia?

What are the grounds for divorce in Virginia?

Will I lose my home in a Virginia bankruptcy? Will I Lose My Home in a Virginia Bankruptcy?

Will I lose my home in a Virginia bankruptcy?

What are the different types of consumer bankruptcies in Virginia? What are the different types of consumer bankruptcies in Virginia?

What are the different types of consumer bankruptcies in Virginia?

The Benefits of Filing Bankruptcy in Virginia. The Benefits of Filing Bankruptcy in Virginia

The Benefits of Filing Bankruptcy in Virginia.

Contact & Map
By appt. only
4860 Cox Rd
#200
Glen Allen, VA 23060
Telephone: (804) 740-6464