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
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- University of Virginia
- B.A | Foreign Affairs
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- James H. Wilson, Jr., Attorney & Counsellor at Law
- Current
- 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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- Virginia
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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
- English: Spoken, Written
- Q. Do I need a signed separation agreement for divorce in VA?
- A: The required separation period for a no-fault divorce in Virginia is 1 year. If the parties have a signed written separation agreement, and no minor children born or adopted of the marriage, the required separation period is reduced to only 6 months. Ideally, a separation agreement is comprehensive, covering all consequences of the marriage, and must be in writing and signed by both parties to be enforceable.
- Q. For divorce case in Virginia, how to split the individual 401k of spouse?
- A: Retirement plans governed by ERISA, the Employee Retirement Income Security Act of 1974, are divided by a special court order known as a QDRO, or Qualified Domestic Relations Order. The specific division itself should appear in a separation agreement and/or final decree of divorce. Typically, one of the parties' attorneys prepares the QDRO to be entered by the court, with reference to the guidelines or model order published or provided by the plan administrator of the retirement plan. There are different QDROs depending on whether the plan is a defined contribution plan, such as a 401K plan, or a defined benefit plan, such as a pension. After the judge signs the QDRO, it is submitted ... Read More
- Q. Would an unfinished software app need to be disclosed in a Chapter 7 Bankruptcy?
- A: The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a debtor lists a property interest, the property is deemed to be abandoned and returns to the debtor upon case closure. The bankruptcy schedules require that the debtor disclose intellectual property and general intangibles. Intellectual property is property created by one's intellect or creativity, whether a copyright or patent has been issued. General intangibles are property interests without ... Read More