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. If my kids live in Virginia, can their father who lives in NC take them from me during a summer visit?

11 April 2021

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?

10 April 2021

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?

1 April 2021

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.