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. I have 3 children give and under the age of 5, the father live over 1,000 miles away. Am I responsible for communication

26 July 2021

A: An important factor in custody and visitation disputes between fit parents is the propensity of each parent to allow the children to have a relationship with the other parent, in fact, ideally, to promote that relationship. Visitation is a privilege, not a responsibility. No one can make a parent want to have contact or communication with his or her child. The parent who wishes to exercise that privilege should take all steps necessary to initiate that procedure; the other parent should allow it or promote it. Both parents should strictly abide by the terms of all existing court orders unless and until modified. The ability of separated or divorced parents to co-parent or cooperate in raising the children separately is also important. It generally requires putting the child[ren]'s interest above one's owns, in spite of how difficult the other parent may be. A parent involved in custody or visitation disputes should consult with an experienced Virginia family law lawyer to discuss his or her options and the best course of action.

Q. What are the different ways an attorney finds out information about a case through discovery?

16 July 2021

A: There are a number of different methods employed in pre-trial discovery. The most common methods are interrogatories, request for production of documents, requests for admissions, depositions, and subpoenas duces tecum. Interrogatories are written questions that must be answered, or objected to, in writing under oath. Requests for production of documents demand the production of particular documents or described classes of documents from a party by a certain date. Requests for admissions require that the party admit or deny statements of fact or the authenticity of certain documents; requests for admissions are not supposed to address ultimate issues in the case. A party or witness can be asked questions orally while under oath in a deposition. The testimony of the deponent is usually transcribed by a court reporter, who produces a written transcript of the proceeding. Subpoenas duces tecum are used to compel the production of described documents from third parties. Experienced litigators will often employ the various methods of discovery in a fairly predictable order, based on the pleadings, with interrogatories and requests for production usually coming first for information gathering, followed by subpoenas duces tecum, followed by deposition(s), with requests for admissions usually coming last, shortly before trial, to narrow the issues and minimize issues with exhibits. Sometimes counsel want to gather enough useable discovery material to support a motion for summary judgment. Counsel usually want to understand the other party's foundation for the theory of the case and obtain some useable material before conducting depositions, so counsel can ask the deponent about particular documents or the factual basis for certain assertions or allegations. Most of the expense of a lawsuit and most of the time spent in litigation is spent on pre-trial discovery.

Q. My wife wants to separate an take the kids 1100 miles away for a month and keeps demanding I agree to what she wants

12 May 2021

A: Unless there is a court order in place addressing custody, visitation and support, both parents have equal rights to, and responsibilities for, their minor children. After the parties have separated, a parent may file petitions for the determinations of child custody, visitation and child support in the Juvenile and Domestic Relations District Court, or incidental to a divorce filed in the Circuit Court. Child custody interstate jurisdictional disputes are resolved in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The Act favors existing court orders and/or the home state of the child, which is the place the child has resided for the prior 6 months, or the greater portion thereof. In Virginia, a parent or other interested party must file a UCCJEA Affidavit with a request for custody or visitation. Any parent facing a separation or an interstate custody dispute should consult with an experienced Virginia divorce or family law lawyer to discuss his or her options and the best course of action.