My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets
If a married person marries another person not his or her spouse, the marriage is void as bigamous. This means the original marriage is still valid. Under Virginia Code Section 64.2-308, a spouse who willfully deserts and abandons his or her spouse loses all statutory rights. If you suspect his...Read more »
The separation period for a no fault divorce in Virginia is 1 year. If the parties have no minor children born or adopted of the marriage, and have signed a written separation agreement, the required separation period is only 6 months. The intention to separate permanently must exist continuously...Read more »
Property received by gift or inheritance during the marriage start as separate property. Separate property may be transmuted into marital property by certain actions that cause it to lose its character as separate property, such as the commingling of funds. Property may also be classified as...Read more »
It depends where it happens and where you reside. In general, under principles of comity, Virginia recognizes a marriage as valid if it was valid in the place where celebrated, unless it offends the strong public policy of the Commonwealth. In Virginia, a bigamous marriage is void. Bigamy is a...Read more »
I agree with my esteemed colleague and would add, in addition to a will or a trust, a Transfer on Death Deed as another way to accomplish this. The house may also pass by intestate succession if you are her sole heir at law, and only a real estate affidavit may be required after death to give...Read more »
I cut off all contact with my toxic and mentally ill parents several years ago, but they have continued to stalk me. I am concerned about them possibly suing for visitation once they find out they have a grandchild.
What are the chances that the family court would force me to allow them to... Read more »
In Virginia, grandparents have no custody and visitation rights by virtue of the familial relationship. Grandparents are among the class of interested persons who can ask for a custody or visitation determination, but will not obtain any rights against the wishes of a biological parent who has not...Read more »
My wife and I are getting a divorce in VA, we have 2 kids, and we are both very high income earners. This is amicable, there's no fighting or hostility. We have agreed to joint custody. We both would like to have an agreement to split all costs 50/50, verses a set amount of child support. We... Read more »
Spouses can enter into enforceable written marital agreements in Virginia, also known as separation agreements, property settlement agreements, and agreements and stipulations when they address the incidents of separation and divorce. Ultimately, the parties cannot bind a judge by contract on the...Read more »
In Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. A separation in Virginia requires that the couple is no longer cohabitating as husband and wife. Typically, one spouse leaves the marital residence to reside at...Read more »
We never lived together again. 10 years after we separated he had a heart attack, suffered brain damage, and had to be put in a home for 10 year. He recently passed away. All he has left is about $330K in his IRA. While incapacitated his mother created a will leaving all money to his sons and... Read more »
Property often transfers at death through nonprobate transfers, including survivorship on title, beneficiary designations on accounts, payable on death bank accounts (POD), and transfer on death investment accounts (TOD). Nevertheless, such transfers are still subject to legal requirements of...Read more »
My mother inherited two vacant lots when a friend passed away. They were sold recently in a tax sale. A lady from a Recovery company contacted me saying that they would get a third , I would get a third and my nephew's would get a third to split three ways from the tax sale. Now my mother... Read more »
If a Virginia resident dies intestate, without a will, the state essentially writes a will for that person - the law of intestate succession. Virginia's law of intestate succession appears in Chapter 2 of Title 64.2 of the Code of Virginia, specifically Sections 200 and 201 describe the...Read more »
In the absence of a court order or written agreement, both parents have equal rights to, and responsibilities for, their minor children. You question does not address how CPS became involved with your husband's girlfriend, why she was subject to testing, what drugs were involved, where the...Read more »
Custody and visitation orders may be modified by filing a motion that alleges a material change in circumstances and how the best interests of the child[ren] would be served by modifying the referenced order. It is possible that either the Circuit Court or Juvenile and Domestic Relations Court can...Read more »
A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest...Read more »
If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an...Read more »
An important factor in custody and visitation disputes between fit parents is the propensity of each parent to allow the children to have a relationship with the other parent, in fact, ideally, to promote that relationship. Visitation is a privilege, not a responsibility. No one can make a parent...Read more »
There are a number of different methods employed in pre-trial discovery. The most common methods are interrogatories, request for production of documents, requests for admissions, depositions, and subpoenas duces tecum. Interrogatories are written questions that must be answered, or objected to,...Read more »
Unless there is a court order in place addressing custody, visitation and support, both parents have equal rights to, and responsibilities for, their minor children. After the parties have separated, a parent may file petitions for the determinations of child custody, visitation and child support...Read more »
This is question requires a complex answer that should be discussed thoroughly with an experienced Virginia estate planning attorney, with particular reference to Virginia Code Section 64.2-776, part of the Uniform Trust Code, dealing with the discretionary powers of a trustee. The short answer is...Read more »
My mom passed away a few months before my uncle, but we have been advised that my brother and I are valid heirs. I read about the 120 hour rule, but that does not seem to apply here, because my mom has living sons. He had three sisters, including my mom. One of the two living sisters is... Read more »
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