Free Consultation: (804) 740-6464Tap to Call This Lawyer
Claimed Lawyer ProfileQ&ALII GoldBlawg SearchSocial Media
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
-
University of Richmond School of Law Logo
University of Virginia
B.A | Foreign Affairs
-
University of Virginia Logo
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
Placeholder image for professional associations.
Henrico County Bar Association
Member
Current
Placeholder image for professional associations.
Richmond Bar Association
Member
Current
Activities: Bankruptcy Law Section
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Virginia
Placeholder image for jurisdictions.
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. If my kids live in Virginia, can their father who lives in NC take them from me during a summer visit?
A: In the absence of a court order addressing custody and visitation, both parents have equal rights to, and responsibility for, their minor children. Normally, a divorce case would address custody and visitation, so it is strange that there is no court order in effect. The solution is to file petitions for a determinations of custody and visitation in Virginia, where the children have resided for at least the last six months, considered to be the "home state" under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). You should consult with an experienced Virginia family law lawyer concerning your options and the best course of action.
Q. What happens if someone refuses to give your your belongings after you ask them to do so?
A: In Virginia, a personal property owner can file a Warrant in Detinue in General District Court for the return of personal property or an award of its fair market value. The Warrant in Detinue is a fill-in-the-blanks form. In Circuit Court, a Complaint for Detinue would have to be drafted by the plaintiff or his or her attorney. The General District Court can hear cases seeking a judgment of up to $25,000, with exclusive jurisdiction of those matters involving claims of up to $4,500. If a matter involves more than $4,500, it may also be filed in the Circuit Court instead of the General District Court.
Q. Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
A: Law students take classes in professional responsibility, and the issues are discussed in connection with other subject matters. The bar exams include ethics in questions or in a separate examination on professional responsibility. The rules are not always as clear cut as they appear. There are various comments, legal ethics opinions, and interpretations of the rules. In some cases, a client may lose or waive confidentiality, for example, by bringing in a third party to a consultation or including a third party in a communication. It is important to discuss the scope of confidentiality with your lawyer. Most lawyers are good people and unusually conscientious while we try to do our best for our clients. If you are concerned about your attorney's conduct, you might first discuss the issue with your attorney so you understand fully why something happened, and then report the attorney to the appropriate disciplinary department of the bar if your concerns are not resolved or you disagree with the lawyer's conduct.
View More Answers
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