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Questions Answered by Afsana Chowdhury
1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Non custodial father won’t return kids. We weren’t married, no custody papers, and he hasn’t signed birth certificates.

What steps do I take in getting them back home?

Afsana Chowdhury
Afsana Chowdhury answered on Sep 10, 2020

You should consult an attorney to review all the facts of your situation and determine if filing a police report would be a good idea and also discuss your options of having formal custody.

1 Answer | Asked in Divorce for Virginia on
Q: My husband is filing for a divorce and It is not my decision. what do I do?

I do not want this divorce. However, I am being left with no choice of my own. We have no children together. He is wanting me to leave. I am afraid that he tries to get me for abandonment when he is the one abandoning out marriage. If I stay, he will be vindictive and try to treat me with such... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Aug 31, 2020

You cannot prevent someone from getting a divorce if they have legal grounds. If there is no fault, a person can file on the basis of separation. At the same time, someone can't force you out of your own home. If he makes the marital state intolerable such that you must leave, you should... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: What is the best and affordable way to execute my divorce?

I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Aug 27, 2020

In situations where a party in unable to locate the other party, it is still possible to obtain a divorce as long as proper service is made. You should contact an attorney to see whether service by publication is an option for you.

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1 Answer | Asked in Family Law for Virginia on
Q: Can I just do parent plans for visitation between my ex and I and just have notarized or do I have to go to court.

I live in Oregon and she is in Virginia. We had verbal agreement but wondering if we can write something up and take it to be notarized if that would be a legal document so I can get her for Christmas every other year and during the summer. Daughter is 14.

Afsana Chowdhury
Afsana Chowdhury answered on Aug 25, 2020

Parties can enter into a written agreement regarding issues like child custody, visitation, and child support. However, if you want the agreement to be enforced by the JDR Court, you should hire an attorney who can assist you with having it incorporated into a consent order.

1 Answer | Asked in Divorce for Virginia on
Q: i need help regarding the acceptance waiver letter.

my husband has signed that form and I have given him the complaint so he would not be formally served but now my circuit court is saying that I have to fill out a service form. I thought singing this document makes a formal service unnecessary? Am I understanding that incorrectly? Backstory, I... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Aug 21, 2020

It is difficult to answer this question without the opportunity to review your documents. But some circuits have a service form that must be filed with every new complaint letting the court know how service will be made (whether by waiver, private process server, sheriff, etc.). After proper... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Can I change my first name after marriage in Virginia?
Afsana Chowdhury
Afsana Chowdhury answered on Aug 13, 2020

An adult can change his/her name anytime they like, marriage or no marriage, so long as it's not for fraudulent purposes.

1 Answer | Asked in Divorce for Virginia on
Q: Am I entitled to any of our 2019 refund? We filed jointly, divorced in Feb 2020
Afsana Chowdhury
Afsana Chowdhury answered on Jul 17, 2020

It depends on what your marital settlement agreement/final order of divorce says.

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Does my daughters mom have to inform me or the court of a change in circumstances, such as increased pay or no daycare?

My original support amount was $800 when I was making 4350 a month and she made 1160 and had $800 a month in daycare costs. Does she have to update the court of changes/increase in pay or about removing our daughter from day care? I have reason to believe her pay doubled since then and she no... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Jul 17, 2020

If you suspect that the other parent’s income has increased by at least 25%, you can request a review and adjustment. As for your other question, the court can deviate from the guideline child support amount to factor in the childcare costs of a custodial parent enrolled in an educational program... Read more »

3 Answers | Asked in Family Law, Civil Rights, Juvenile Law and Landlord - Tenant for Virginia on
Q: Can a parent legally restrict an 18 year old that still lives under their roof from leaving the house.

Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

Afsana Chowdhury
Afsana Chowdhury answered on Jun 24, 2020

Once they’re 18, they’re an adult and get to make their own decisions. You cannot force an adult to stay in your home if they don’t want to. But you can make an adult leave your home as long as you follow the law in doing so.

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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: In Virginia, is a mortgage, after separation date, considered a marital debt, including Principal, Interest, and tax?

Wife abandon the marriage and left for me to take care of the mortgage (principal and escrow). She is living in a mortgage free home in an other area. Am I entitled to be credited/reimbursed any of the mortgage or will I be responsible for the full cost.

Also does all of the equity,... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Jun 19, 2020

Debt accrued during the marriage, such as a mortgage, is considered marital and is distributed equitably in a divorce. This also applies to the division of equity. Equitable does not mean “equal”. It means fair. To make an equitable division, courts generally consider each party’s separate... Read more »

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: My stepson is 18 and due to COVID, he graduated from high school on May 1st.

Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?

Afsana Chowdhury
Afsana Chowdhury answered on Jun 1, 2020

Yes, so long as there aren’t any arrearages. Meaning he’s not behind on his payments.

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