Wayne E. Holcomb

Wayne E. Holcomb

You Matter Here - Call us today and experience the Holcomb Law difference!
  • Family Law, Criminal Law, Divorce...
  • Virginia
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Summary

Let me be the first to welcome you to Holcomb Law. Our firm is devoted to public outreach and education about the legal system, and I have written several articles and e-books on a variety of topics, including divorce, child custody, mediation, reckless driving, DUI defense, criminal defense and expungement of criminal records. We will provide this information to you, free of charge. Contact us any time to schedule your initial strategy meeting with one of our experienced attorneys. You might not be happy now, probably not, but I can almost guarantee that you will be happy with your Counsel here. - You Matter Here.

Practice Areas
  • Family Law
  • Criminal Law
  • Divorce
  • Arbitration & Mediation
  • DUI & DWI
  • Personal Injury
Additional Practice Area
  • Reckless Driving Defense
Fees
  • Credit Cards Accepted
    American Express, Visa, MasterCard, Discover, Diners, Debit Cards.
  • Contingent Fees
    In certain types of cases, we will work on a contingency basis.
  • Rates, Retainers and Additional Information
    In certain circumstances, we will agree to work for you on a flat fee basis. Ask us to explain this new approach to legal representation. It may work for you. We have partnered with a well-established local finance company who will discuss with you financing your lawsuit or defense for an affordable monthly payment. This has proven to be a very valuable tool for clients.
Jurisdictions Admitted to Practice
Virginia
Languages
  • English: Spoken, Written
Professional Experience
Owner
HOLCOMB LAW, P.C.
- Current
Managing Partner
Holcomb & Carmines, P.C.
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Founder
Poquoson Law Group, P.C.
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Associate Attorney
Pender & Coward, P.C.
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Pilot, Legal Officer
U.S. Navy
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Education
Regent University School of Law
J.D. / Litigation (2008)
Old Dominion University
MBA / Business Admin/Dispute Resolution (2001)
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Oral Roberts University
B.A. / Literature
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Baker University
Pre-medicine
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Awards
Rising Star
Super Lawyers
Rising Star
Super Lawyers
Family Law and Criminal Defense
2016 Daily Press Choice Awards
Client Satisfaction Award--2nd Consecutive Year
American Institute of Family Law Attorneys
Client Satisfaction Award
American Institute of Criminal Defense Attorneys
Lifetime Member
Trial Masters
Family Law and Criminal Defense
2015 Daily Press People's Choice Awards.
Premier 100 in Virginia
American Academy of Trial Lawyers
Family Law Book Award Class of 2008
Regent University School of Law
Hampton Roads Military Volunteer of the Year
VOLUNTEER Hampton Roads
Meritorious Service Medal
U.S. Navy
Three Navy Commendation Medals
U.S. Navy
Professional Associations
Regent University
Adjunct Professor
- Current
Super Lawyers
"Rising Star"
- Current
Trial Masters
Lifelong Member
- Current
American Academy of Trial Attorneys
Premier 100 Virgina
- Current
Poquoson City School Board
Member
- Current
Virginia Trial Lawyers Association
Member
- Current
National College for DUI Defense
Member
- Current
American Association of Premier DUI Attorneys
Member
- Current
Court Appointed Special Advocates Newport News (CASA)
Board President
- Current
Virginia Association of Criminal Defense Lawyers
Member
- Current
Newport News Bar Association
Member
- Current
York/Poquoson Bar Association
Member
- Current
Virginia State Bar
Attorney
- Current
Kiwanis, Poquoson Chapter
Member
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Conflict Resolution Center, Norfolk, Virginia
Board Member
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Publications
Articles & Publications
Book: How Much Trouble Am I In Now?! (The Surprising Truth About Reckless Driving in Virginia)
Create Space Publishing
Child Custody 101: What Are My Rights As a Custodial Parent?
Expungement in Virginia: Why Do I Care?
Charged with a Crime in Virginia: What do I do Now?
1800criminaldefense.com
Top Five Reasons You Might Need a Family Law Attorney
The Five Essential Tips for Avoiding an Ugly Divorce
attorneyholcomb.com
Speaking Engagements
Challenges in Military Divorce, Mediation Training Bananza, Norfolk, VA
Conflict Resolution Center, Norfolk, Virginia
Training for non-attorney mediators in the peculiarities of military divorce.
Certifications
Virginia General Mediator--Certified 2004
Virginia Suprembe Court Program
Virginia Family Mediator--Certified 2004
Virginia Supreme Court Program
Virginia Mediator Mentor
Virginia Supreme Court Program
Websites & Blogs
Website
attorneyholcomb.com | Holcomb Law, P.C.
Blog
Blog | Holcomb Law, P.C.
Legal Answers
5 Questions Answered

Q. Is our notarized marital agreement still valid even if my husband crossed out his signature after completing it?
A: Well, from what I hear you saying, it's probably too late for him to "undo" this Agreement in that manner. It's a contract. Once it is signed and notarized by a competent adult who is not under duress, in Virginia, the deal is usually done. From what you have said, most likely, the courts would not interfere in my opinion. There are other, more difficult defenses to the formation of a contract, but almost always, these contracts hold up in court after the fact. It being in the wrong format, does not sound like a good reason to rescind it or to invalidate it, but there might be more to that story; I am not sure of what he is saying specifically. It sounds like he is rethinking "the deal" and wants to start over--it probably won't work--unless you are in agreement with that plan. Please have Counsel look into your situation as soon as possible--there is usually a lot at stake in this type of matter. Our best to you!
Q. I need advice bc my husband is talking to a lawyer secretly today. He withdrew all our money from our bank account,
A: In short, you need to contact a family law lawyer immediately. There are many, many ways to discourage and/or to stop this type of abusive and disrespectful behavior, but we need to get started quickly because often the courts are backed up. With you having access to almost no money, a few weeks can be an eternity. Often though, before even getting to a judge, a well-drafted letter from an attorney sometimes puts a stop to or slows down this money problem. The marital estate is presumably one-half yours, no matter who made the money, and he likely has no right to remove it all from your access. The rest of this story is too long to type in this forum. Contact a lawyer as soon as you can, and get this unraveled so you can continue to live while we all figure out the divorce if you all are going there! Our best to you.
Q. In Virginia, is 18.2-456 (Cases in which courts and judges may punish summarily for contempt) a misdemeanor?
A: The facts you related do not qualify as a misdemeanor. My opinion is that I think you are in good shape for your application to say that you have not been charged with a crime.
Q. My wife left me, she is with another man and has been gone for months. The house is in my name only. Can she take it?
A: The answer is "maybe." Not helpful, right? It depends on when you bought the home, how you bought it, and on a few other factors. If you bought the home during the marriage, the Virginia presumption is that you both own half. Whose name is on the Deed or the Note is not really important. This 50/50 resumption may be overcome by certain factors also--maybe even the fact that she's involved with another man. This is a bit more complex than it seems--maybe more than it should be. You need to talk to a family attorney about this issue; that will probably put your mind at ease. At least you will know what to probably expect. We wish you our best.
Q. Can my friend force his ex to sell their house if it is in the divorce decree that neither party can force a sell?
A: Virginia is a "four corners" state, meaning that, if you are competent and sign a contract, you have committed yourself and courts are not very motivated to overturn or alter that contract. So, your boyfriend might just have to wait out the market--it sounds like that provision in the Decree was placed there to protect both parties. That said, if there are special circumstances that make an argument to amend the Decree worth the chance, make the argument. Judges have a lot of discretion in these matters. He might get it done if he can convince a court that it is an injustice to continue the terms of the Decree. Please consult a family lawyer in your area who knows the courts and judges well. He or she will likely be able to give you more specific advice for your area.
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Contact & Map
HOLCOMB LAW, P.C.
501 Village Avenue
Suite 104
Yorktown, VA 23693
USA
Telephone: (757) 525-2424
Fax: (757) 645-0210
HOLCOMB LAW, P.C.
5267 Greenwich Road
Suite 101
Virginia Beach, VA 23462
USA
Telephone: (757) 317-1000
HOLCOMB LAW, P.C.
11815 Fountain Way
Suite 300
Newport News, VA 23606
USA
Telephone: (757) 525-2424
HOLCOMB LAW, P.C.
4410 E. Claiborne Square
Suite 334
Hampton, VA 23666
USA
Telephone: (757) 525-2424