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.
- Family Law
- Elder Law
- Estate Planning
Free initial half hour consultation.
- Credit Cards Accepted
- English: Spoken, Written
- James H. Wilson, Jr., Attorney & Counsellor at Law
- University of Richmond School of Law
- University of Virginia
- B.A | Foreign Affairs
- Virginia State Bar
- Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections
- Henrico County Bar Association
- Richmond Bar Association
- Activities: Bankruptcy Law Section
- James H. Wilson, Jr.'s Website Profile
- James H. Wilson, Jr. Website
- The Interplay Between Bankruptcy and Divorce Law in Virginia
- Common Mistakes to Avoid Before Filing Bankruptcy, and Longer-Term Bankruptcy Planning
11 May 2020
- Greater protection under the Virginia Homestead Exemption starting July 1, 2020
30 April 2020
- Will a federal court enforce an immigration support affidavit against a husband while a divorce is pending in Virginia?
30 April 2018
- Adultery in Divorce Law in Virginia
- Change in Adultery Law in 2020 Legislative Session
5 May 2020
- Does a mutual reservation of spousal support satisfy the manifest injustice exception to the bar of spousal support for adultery?
10 May 2018
- Did wife waive her 5th Amendment privilege against testifying about her adultery and was husband’s stock purchase agreement properly classified as hybrid property?
19 February 2018
- Q. I stored my lawnmower in a family friends shed. He won’t let me get my equipment out . By law what can I do to get it
- A: Specific personal property or its fair market value can be recovered in Virginia by a Warrant in Detinue filed in the General District Court or Circuit Court, depending on the value of the property.
- Q. What can i do? Can i go get my daughters will it bring in legal trouble?
- A: Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with recognized constitutional rights to parent, cannot ultimately determine rights and responsibilities concerning their children by contract. In the event of any dispute, a court can decide what is in the best interests of a child, regardless of a contract or a power of attorney. In Virginia, any parent subject to an existing custody order must give 30 days advance written notice to the opposing party and the court. Typically, a parent would be required to file a motion to modify custody and visitation to allow relocation because the other parent or party's rights would be affected by relocation.
- Q. With VA slayer statute, who pays slayers debts ?
- A: The Virginia slayer statute does not address the slayer's debts or funeral expenses. When a person dies, the debts become debts of the estate. Funeral expenses are normally paid by the next of kin.