I am the primary breadwinner. All finances, including a house and two cars, are in my name. My husband uses my credit card when he's between jobs, but he's now always between jobs or perhaps lying about being paid. He has terrible credit and can't get a card or loan on his own. He left the home... Read more »
I do not think turning off a marital credit card, that has a high balance, that is still growing against your will and exposing you to potential negative financial blow back, particularly after a spouse has left the marital home in a separation period, is a legal issue at all. It makes sense. It...Read more »
Well it depends if course. For example, is this just a verbal commitment or did you agree to it and then have it written into an Order or contractual agreement? While it’s probably important to honor your commitments because “good will” helps you in other areas of your divorce process, if the...Read more »
Yes, you are still married. At this point, there are probably advantages and disadvantages to either just staying married or going ahead and getting a divorce. You should see a local family law attorney to run through your options. Our best to you.
We have a separation agreement that we are going to get notarized once we come to terms on everything. The house and mortgage is in my name and I don’t feel comfortable just to waiver interest and rights over. She doesn’t want child support, just for me to split the bills in the marital home
Usually the attorney answer is NO to any type of waiver outside of legal counsel of course! Child support and utility bills are typically "apples and oranges" in this discussion, although the spirit of such an agreement can probably be creatively accomplished. Your question is complex and...Read more »
I am unsure what "put on extension 2 years prior" means. Also, in what manner was 1/2 of the house gifted to you? I cannot provide an answer with the information given so far. The best answer today is the frustrating one, "It depends!" The short marriage doesn't help you,...Read more »
We have been married 19 years. He makes good money and I only work part time. I now have to get his permission to drive one of the vehicles to work. Im at a disadvantage. I dont make enough momey to buy a car or rent a home. I feel trapped and hurt. What can I do?
In short, it doesn’t matter whose name’s on what. With your length of marriage, it’s all likely marital, which means you own fully half the value of the estate. I believe his assertions are probably misinformed or just incorrect. You probably have nothing about which to be concerned.
I was served a motion for pendente lite hearing this evening at 5:50 pm. The motion says the hearing is 9:30 am tomorrow. This is not adequate time to compile my opposition or obtain counsel. How should I proceed?
This notice is too short of course; however, you need to show up in court or get a call or faxed letter in as soon as you can, so as not to give the opposing party opportunity to say that you didn't show because you don't care. I am sure that the Court would notice and take notice of the late...Read more »
Hello. I would like to ask a question regarding marital agreement. Me and my soon-to-be ex-husband had signed on a marital agreement that I created this summer. We both notarized our signatures. He was going to file the agreement to the court with the divorce paper. However he crossed out his... Read more »
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...Read more »
Tells me he is going to take my cell phone and car, and he has installed cameras in our house bc he says now that I "neglect" our child. He gives me an allowance of $100. We had 300,000 in our savings. He is abusive (verbally, mentally, physically) and I have him on video admitting it, so he is... Read more »
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...Read more »
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...Read more »
My boyfriend has been divorced for over two years. In his divorce decree with his ex-wife it states neither party can force the sell of their house unless the value increases by 20%...which in today's market is not going to happen for many many years. The ex-wife cannot afford to take over the... Read more »
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...Read more »
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