It would have been separate property going into the marriage. But aftergetting married, if the marital assets or the othersousr were used to pay for it, then it could have become arital property in full or in part. To keep it separate property, it should have been paid for and maintained with...View More
We have a court order in place that states the father of my children is supposed to have visitation with my children supervised at least once a week. He hasnt seen them in 3 weeks and hasnt even bothered to contact me for 2 weeks.
The court has no power to force a noncustodial parent to exercise visitation. When the court orders visitation, it is ensuring that the noncustodial parent is not denied an opportunity to spend time with their children. If the parent chooses to jot take that opportunity and chooses to not see...View More
My daughter is 15. Her father lives in Kentucky. The visitation was set up when she was 6. She is getting older and would like to have some more say in the visitation scheduling. Her father said he wanted that as well. But, If it doesn't benefit him he doesn't want her to have any say.... View More
One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to...View More
Yes. The issue is whether or not you were impaired by driving. A BAC of .08 creates the presumption that you were impaired. However other evidence, such as your performance on field sobriety tests or statements regarding your consumption of alcohol, can be used to establish that your driving was...View More
I sold my car to someone with a simple agreement signed. 2 payments in 2 weeks. All it said was I agreed to sell the car for 1500 in 2 payments. I asked him not to drive it until paid in full. He drove the car without permission 12 hours across state lines and took over a month to pay me. Now... View More
Who has title to the car? That person is the owner and is the one with authority to sell it. If you are not the legal owner if the vehicle, then you did not have legal authority to sell it. You should consult privately with an attorney to review all the facts and circumstances of your situation...View More
I recommend you hire an expereince traffic/criminal defense attorney. You are facing a reckless driving charge based on excessive speed (anything 20+ moh over the limit is reckless driving. This charge carries a potential punishment of up to 12 months in jail and a fine of up to $2500. If a...View More
It depends on the terms of any separation agreement you entered and/or the court’s order. If your agreement doesn’t specify an end date or other terminating condition, then it would likely be indefinite. Under Virginia law, generally spousal support would terminate upon 1) remarriage or...View More
A neighbor was arrested for trespassing on my property and stealing a cellular camera. The property in question is a house/land for sale in Louisiana, but I currently reside in Virginia(moved last year). I cannot fly to Louisiana for court proceedings, as the airfare might be more than the small... View More
Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence...View More
He was a friend, and we borrowed from one another often. This particular night, I borrowed his moped for an aquantance to get home. He was supposed to return the following morning, and did not. Police were called. I returned the moped, but the aquantance had a bad record, and I believe violated... View More
If your other rights were previously restored by the governor, then you may petition the Circuit Court in your jurisdiction for restoration of your firearm rights. I have handled several of these cases since Governor McAulliff reatored rights to many convicted felons a few years ago. You should...View More
His father has had full custody for 5 years but I see my son every other weekend. I have no legal standing because I couldnt make it to court I was in FL at the time. I dont want to take custody because my son wants to live with his dad but I want him to be able to visit. His dad wont let me take... View More
Moving to Canad is a significant chamge in circumstances since the Court last made a custody decision 5 years ago. Based on the chang in circumstances, you can petitin the court to modify the visitation schedule from the prior order. You should consult with an attorney to help you pursue the best...View More
You do not have to have a separation agreement. However, unless you are getting a divorce based on one of the fault based grounds specificed in the Code of Virginia, your divorce would be based on having been separated for a legally defined period of time. If there are no children in the...View More
My daughter was concieved against my will even though he and I were in a relationship. I was a 17 year old runaway, living with a friend (not him), and he was 28 and is a felon with drug abuse issues. He hid his age from me until I found his facebook. I have no idea where he is now. I know he does... View More
You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor
The timing of who files for divorce is not a comsideration in child custody matters. The court will decide issues of child custody and visitation based on the best intrests of the child. The Code of Virginia defines a number if factors to be considered when a judge decides on the best interests...View More
After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.
You should explore the option of obtainng service by publication under section 8.01-316 of the code of Virginia. I would recommend privately consulting with an attorney to further discuss the specific facts and circumstances of your situation. Good luck.
Under Virginia law, a Virginia felony conviction cold not be removed or dismissed. For a conviction from another state, Virginia would not have jurisdiction or authority to dismiss a conviction from that state. If you are seeking to remove a conviction from South Carolina or any other state, you...View More
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