his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023... Read more »
answered on Jun 7, 2023
A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... Read more »
answered on Jun 5, 2023
There are really two types of spousal support, temporary and permanent. Temporary spousal support, awarded in the Juvenile and Domestic Relations District Court, or as pendente lite support incidental to a pending divorce case, is based on a formula, the creates a presumptively correct amount.... Read more »
Is there a statue of limitation on how long you been married in order to get an annulment?
answered on Jun 3, 2023
An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... Read more »
answered on May 10, 2023
Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... Read more »
Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... Read more »
answered on May 2, 2023
It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... Read more »
answered on May 2, 2023
If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... Read more »
currently the main provider for kids in the home. Wife lives in basement currently separated. She is asking for me to pay her out of network therapy bills. What am I financially responsible for specifically for my wife during this separation period.
answered on Apr 28, 2023
Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.
While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v.... Read more »
What can I do to drop charges? It’s her first offense. What should we be expecting?
answered on Apr 25, 2023
In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... Read more »
the child had no desire to be part of fathers life and he has been married for 13 years to his present wife & she has helped in the marriage
finances. The father has passed & his wife is his beneficiary.
answered on Apr 16, 2023
Co-sanguinity and marriage determine legal rights in an intestate decedent's estate. It is not necessary for a blood relative or cohabitating spouse to have had a close relationship with the decedent, except that a spouse who deserted or abandoned the decedent during his or her life loses... Read more »
Wording from divorce agreement: "...waive any right to equitable distribution under Section 20-107.3 of the Code of Virginia to the retirement or pension accounts, life insurance..." ALSO, I know what equitable distribution refers to, just not exactly what this phrase refers to in... Read more »
answered on Apr 1, 2023
In resolving the incidents of marriage upon separation and/or divorce, the spouses have four choices:
1. Do nothing and allow the issues to remain unresolved;
2. Address each item of property as an individual item as necessary, typically according to actual title;
3.... Read more »
I have been paying spousal support since 2017, via court order, and do not think that it should continue indefinitely. Was fully divorced in 2019 and the order became part of the PSA. My ex has the ability to work (she held 10 jobs during the marriage) but refuses to or simply does not attempt to... Read more »
answered on Mar 31, 2023
There are two bases for spousal support: 1. an award by the court; or 2. a stipulation by the parties. An award by the court may be modified upon a material change in circumstances not anticipated by the parties, or the nonoccurrence of a change anticipated by the parties at the time of the award.... Read more »
62-year-old spouse has been a stay-at-home parent the entire time.
answered on Mar 9, 2023
There is currently no formula for permanent spousal support, the type awarded upon decreeing a divorce, in Virginia. An award of permanent spousal support, which may be for a fixed term, in a lump sum, or indefinitely until either party dies, or until the payee spouse remarries or cohabits in a... Read more »
because of the verbal abuse I receive. I have endured verbal abuse over 8 years. I am basically afraid to talk to him because of his anger issues. (This is the reason for my request for him to leave.) I have tried on numerous occasions to talk about the details of separating assets but it starts... Read more »
answered on Mar 7, 2023
It is not clear from your answer if you have a recognized legal civil relationship or not. If so, you may have the option of divorce with equitable distribution of property.
If any person sharing a household with another is suffering from family abuse, a defined term in Virginia, he or she... Read more »
Paternity has not yet been established but if he is found to be the father, he has also filed for custody and visitation. He has stated that he would like to do mediation. I would like to do mediation but outside of court with the other parent and a lawyer. Would a GAL be appointed in this... Read more »
answered on Mar 5, 2023
In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... Read more »
There is no legal agreement in-place. I need to move on and found a house to buy. This would force our current house to go to market and force both of us to find alternate living. She is currently just staying because she is comfortable with me being out of site. Is it a bad legal move to move on... Read more »
answered on Mar 2, 2023
In the absence of legal justification, any spouse who leaves the marital residence with the intention to separate permanently risks having the other spouse claim the fault ground of desertion and abandonment in a divorce case. Most divorce lawyers will advise a client not to leave the marital... Read more »
answered on Feb 13, 2023
Of course, it can. An email is a written document, and, subject to authentication, which, arguably, is easier for an email than a letter, it is potential evidence. Early in the Internet Age, I used to love getting people to admit things in emails that they'd never write in a letter, and, to... Read more »
answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... Read more »
My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?
Can a show cause be enforced against me since there is no concrete schedule in place?
answered on Feb 6, 2023
That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »
I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.
answered on Nov 22, 2022
Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »
My fiancees son never received disability as a child and applied on his own and got it and is his own guardian and moved out of his mother's house and they still want him to pay her child support.
answered on Nov 20, 2022
Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:
"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or... Read more »
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