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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
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
James H. Wilson, Jr., Attorney & Counsellor at Law
Current
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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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
101 Questions Answered
Q. Are children entitled to anything after a parent dies, but leaves a spouse?
A: Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor children. A person with an interest in an estate can sign a written disclaimer, in which they waive or give up their rights in the estate. Anyone with a financial interest in a decedent's estate should consult with an experienced Virginia probate lawyer to discuss his or her options and the best course of action.
Q. How do I start divorce proceedings while married, living together, with minor children when the spouse refuses to leave
A: A Virginia resident can file for a divorce from bed and board immediately, based on either abandonment and desertion or cruelty and reasonable apprehension of bodily harm. Virginia recognizes contructive desertion, which is essentially a desertion of the marital relationship while the parties still reside under the same roof. Cruelty includes not only physical abuse, but also psychological abuse. As part of the pendente lite or temporary relief available, a spouse may request exclusive possession of the marital residence. After the parties have lived separate and apart for at least a year, a spouse can amend the grounds of divorce to a divorce from the bonds of matrimony on the same fault grounds, or for a no-fault divorce based on a one year separation. Anyone contemplating separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.
Q. My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
A: Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no matter how it is titled. A spouse can retain the classification of separate property by treating it as such and not devoting substantial efforts to increasing its value. Separate property can be transmuted into hybrid property - a mix of separate and marital - or marital property , if it is not treated as separate property. One example of transmutation would be the mingling of separate funds and marital funds, and its use for family or marital purposes. Evidence in favor of this transmutation may be the retitling of real property from one spouse's name to their joint names, if done for a refinance or other marital property. Another example would be the improvement in value of the property due to the significant efforts of either spouse. Another example would be using marital funds to increase the value of the property, causing a part of it to become marital. This often happens with the marital residence when the spouses pay down the mortgage with marital funds - income earned while they are married. Anyone who wishes to preserve the separate classification of inherited property should consult with an experienced Virginia divorce lawyer to discuss his or her options and the best course of action.
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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