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... Read 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... Read more »
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... Read 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... Read more »
I regret that I do not handle domestic relations and/or divorce law matters. Sorry.
What should I do ?
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 »
My ex wife’s lawyers created and filed the final divorce documents. I would like to get a copy of it and make sure it has actually been filed and processed. I want to have verification that we are legally divorced.
Some courts have this information online, but you can also call the Circuit Court clerk's office for the Virginia city or county where the divorce was filed. That's usually where you and/or ex lives.
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »
Pay after settlement We have been separated for two years now
Fees are negotiable between client and lawyer. Although there are often substitutions of counsel in family law matters, which tend to be more emotional than other practice areas, many lawyers would be concerned about a client who has had unsatisfactory working relationships with two lawyers. You... Read more »
Marriage is invalid under the United States Uniform Marriage for these reasons: a marriage in which one party has a sexual physical defect. American law also stipulates false marriages as invalid marriages. U.S. law provides for these conditions for revocable marriage: a marriage in which one party... Read more »
You have been misinformed and most of your statements are incorrect or erroneous. The validity of marriage is largely a state law matter. Different states have different requirements for a valid marriage. While there are some common elements in many states, any person considering the validity of... Read more »
The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?
If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... Read more »
My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »
Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... Read more »
Can I file an amendment myself in Bedford County, by typing the amendment and having us both sign it and having it notarized?
Would I then just take it to the court to be filed and pay court costs?
Unfortunately, probably not. There is a procedure that one must follow involving a Motion to Amend, but sometimes before that, we lawyers might have to file something to get the matter "before the court" A court cannot rule on something that's not rightfully in its view--even a... Read more »
He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.
He proceeds to start dumping her stuff rudely in the... Read more »
The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.
Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.
Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.
My husband lives in NC. After he signs the waiver of notice in front of a Notary Public, does he mail it to the court clerk's office in Virginia where I filed?
The acceptance of service and/or waiver of notice gets filed with the court clerk.
He can do it. You can do it. It just needs to get into the case file.
Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... Read more »
Divorce decree states ex claims child on taxes. Joint custody but ex never sees child and child lives with me 100% of the time. Child support terminates when child turns 18 or graduates which will both occur in June 2021. Since child turns 18, lives with me, and I will support fully for 6 months... Read more »
The tax deduction can either be a part of child support or a part of custody. The custody provisions in a court order expire when a child turns 18 years of age. The support provisions also end upon age 18 unless the child remains in high or has a disability. So, in your circumstance, arguably, the... Read more »
we are divorced 20 years. In the final divorce agreement I am required to keep this policy. The afeement does not say for how long. My ex and I have terrible relationship. The policy keeps going up and up. I have a loan against it that may cause the policy to implode this year or next. I need... Read more »
An agreement is a contract. A contract can be changed by the parties, not the court.
My home is located in Virginia Beach
That's something that should have been resolved in the divorce settlement. You'll need to refinance, assuming you can carry the house on your income, including alimony, alone.
I travel overseas for work and have given full POA to my wife. We are having issues and I am afraid she may sell our properties and take all the money. I am not sure if she can take all the proceeds from the sale? What can I do to protect my share? 2 houses in NJ and one in VA.
If she... Read more »
You can revoke a power of attorney at any time. It's as simple as "I hereby revoke the power of attorney given to (name) dated (date)." and then sign it, give her a copy, and make a written note on a copy when you handed it to her. Mail copies to banks, tenants, and anyone who deals... Read more »
I've a signed prenuptial agreement indicating the ownership of my property.
You should consult with an experienced Virginia divorce lawyer to discuss all the circumstances and your best course of action. You may want to record the prenuptial agreement in land records. You might discuss whether you can just change the locks and notify him that he is no longer welcome... Read more »
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