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Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.
answered on May 4, 2022
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... View More
We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how
answered on Apr 13, 2022
The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... View More
Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... View More
answered on Apr 10, 2022
Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will... View More
Will the divorce decree outweigh the will since it was agreed to before and a judge signed off on it? A house is supposed to be left to the children. Can a will be made and the house left to someone else even though the divorce decree specifically says it will go to the children? A threat has been... View More
answered on Feb 16, 2022
A judge's authority in equitable distribution in Virginia is strictly statutory and must be based on the provisions of Virginia Code Section 20-107.3. The judge has no authority to order property to be conveyed to someone other than a spouse.
Any provision beyond the authority of... View More
family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... View More
answered on Jan 20, 2022
Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that... View More
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
answered on Jan 20, 2022
If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that... View More
Assume asset/property division has been agreed upon. Just waiting for the year to be up.
answered on Jan 18, 2022
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... View More
I am getting divorced. Separated 5yrs. 3 yrs ago I dated a guy who stalked me when we broke up. My soon to be husband hired the lawyer I used for my PO. This lawyer has in writing told his client details of my po case. I’ve read it. Stuff that he only knows bc he represented me. Stuff my husband... View More
answered on Jan 10, 2022
Have you notified the attorney that you did not consent to sharing this information? If not, you should do so and ask that he cease representing your husband. Or, you can ask your attorney to make this request for you. Your husband's lawyer should then withdraw from the case.
Do I have a claim to the house
answered on Dec 27, 2021
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... View More
answered on Dec 23, 2021
Great question! It depends on what you mean when you say "no separation." Virginia does allow for something called "in-house separation." This requires that both parties are living as though they are already separated, even if under the same roof. The relationship must have... View More
This a a woman who stalked me and my child for years and made threats against me. My ex husband was abusive and has a history of domestic violence. He has been arrested for DMV. He will use this woman and other circumstances to put my son in danger. The woman tried to run my child and me off the... View More
answered on Dec 14, 2021
Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.
If you don't have enough evidence for a protective order, you may be able to get an order that... View More
Would like to proceed with divorce but would like to do this in such a way to be completely fair with the spouse and to make sure I can get the fair ruling for myself. We are retired; I'm 74 & she is 68. We both are on Social Security/Medicare & supplementals. No children are... View More
answered on Dec 23, 2021
Good question. I appreciate your desire to be fair. There is a lot to think about here, but at a high level, you'll need to gather and then work through all assets and debts and determine who gets what. Hiring a lawyer is a good idea to make sure that you understand the legal implications of... View 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... View More
answered on Nov 19, 2021
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... View More
Can you live under same roof but different beds and/or different floors?
answered on Nov 2, 2021
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... View More
answered on Oct 26, 2021
This question sounds like a personnel matter. I do not handle personnel matters. Sorry.
My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... View More
answered on Sep 23, 2021
You should hire a lawyer. Since you have children, it is going to be important to create a custody arrangement, establish child support, and even though you say you don't want anything from his business, a lawyer can advise you on the consequences of this decision. You want to make sure that... View More
Hello, I would appreciate some professional advice if possible. My spouse and I have been married for about 6 years and we are thinking about getting a divorce. Both of us work, but he makes significantly more money than me. We currently have a joint savings account and no debt. My husband also has... View More
answered on Aug 15, 2021
A joint savings account is presumably a marital asset and as such is divisible in a divorce proceeding. It does not matter who "made the money." That would apply only to money made during the marriage, probably not that which was in the account at time of marriage. The other questions... View More
I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... View More
answered on May 28, 2021
I regret that I do not handle domestic relations and/or divorce law matters. Sorry.
What should I do ?
answered on May 12, 2021
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... View More
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