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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.

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
Video Conferencing
  • Google Meet
  • Skype
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  • WebEx
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Fees
  • Free Consultation
    Free initial half hour consultation.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Virginia
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Languages
  • English: Spoken, Written
Professional Experience
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 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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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.

Legal Answers
177 Questions Answered
Q. My husband and I were together but not married when we bought our home in 2010. Now married, am I entitled to equity?
A: Equitable distribution is a 3 step process in Virginia. First, the judge classifies all property as marital, separate, or hybrid - a mix of marital and separate. The judge also classifies debt as marital or separate. Second, the judge gives a valuation to all items of marital and hybrid property. Third, the judge performs an equitable distribution of property and allocation of debt.

Title does not control the classification of property, although it may create presumptions. A presumption affects the burden of proof, who must prove something to overcome the presumption.

Property that was originally separate may become marital or hybrid through transmutation. If a property is originally separate, and nothing is done with it during the marriage to change its character, it remains separate. This could include passive appreciation. Any time a spouse devotes efforts toward the increase in value of separate property, or production of income from separate property, that increase or income can become marital property. That is because marriage is considered an economic partnership. Each spouse contributes his or her good faith efforts to the good of the partnership. To the extent that a party attempts to enrich himself or herself at the expense of the partnership, the fruits of those efforts become marital property.

If marital funds, for instance postnuptial income, are used to pay down financing secured by a property, that gain in equity could be classified as marital property. The appreciation in value of property used or treated as marital property, for instance, the marital residence, could similarly be classified as marital property.

As equitable distribution can be a complex process, anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.
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Q. If the judge says he's not going to hear a case for modification only the case for contempt then makes a ruling on both
A: Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the order is interlocutory or nonappealable at the time, or appeal to a higher court. Trial work is an art, not a science, and the best trial lawyers try to persuade the judge to their clients' position. The best trial lawyers are rather likable. Openly opposing the judge, appearing antagonistic or disrespectful in arguments, and/or complaining about how he or she runs his or her courtroom is a surefire way to blow a case. Judges are human, after all.

Anyone involved in litigation in Virginia should consult with an experienced Virginia trial lawyer.
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Q. I owned my before marriage. Is my spouse entitled to any equity accrued to the home. I reside in Virginia
A: If the spouses are unable to agree on the division of marital property, a judge sitting in equitable distribution incident to a divorce can divide marital property and allocate marital debt. The first step for the judge is to classify all property as separate, marital, or hybrid - a combination of separate and marital. Property acquired during the marriage is presumed to be marital property. Property acquired before the marriage in the name of only one spouse, and property acquired during the marriage by gift or inheritance, is presumed to be separate property, provided the spouse did not transmute it, or a portion of it, into marital property through marital or family use.

With real property, there are various considerations. First, income earned by the spouses is generally marital property, unless it is merely passive income on separate property. Using marital property to pay down the mortgage principal creates marital equity. The appreciation in value of property used for a family or marital purpose, or the value of which is increased by the efforts of either spouse, becomes marital appreciation. This is based on the theory that a husband and wife are an economic partnership. Presumably, they are both working to increase the value of the property of that economic partnership. To the extent that either party expends significant effort toward the appreciation of property in his or her name, that appreciation becomes marital property. The "Brandenburg" formula is a formula used to calculate the proportion of separate and marital property in hybrid property.

Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce attorney.
... Read More
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Annotations
White v. Llewellyn
Supreme Court of Virginia
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Contact & Map
By appt. only
4860 Cox Rd
#200
Glen Allen, VA 23060
Telephone: (804) 740-6464
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