Get free answers to your Family Law legal questions from lawyers in your area.
I have left several voicemails requesting an estimate to time frame.
answered on Sep 15, 2024
It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More 
uncle is saying all of my deceased dad’s belongings are his
answered on Aug 27, 2024
You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More
We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.
answered on Jun 28, 2024
Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.
Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More
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answered on Jun 15, 2024
Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More
Is she allowed to vist her at school every week for lunch?
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answered on Jun 10, 2024
It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More
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answered on Jun 10, 2024
Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More
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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More
My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More
answered on May 2, 2024
You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 28, 2024
Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.
This forum is designed to give you a quick... View More
due to the fact that their parents don't like me spending time with them
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answered on Apr 4, 2024
It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:
1. Age of the individuals involved: If you and the person you're communicating with... View More
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
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answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
so both couples have their own homes and bills, they stay together about 85% of the time which is split between the 2 homes. what considers them living together by law?
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answered on Mar 14, 2024
The legal definition of "living together" or cohabitation varies by state and depending on the context (such as for tax purposes, government benefits, or legal proceedings). In general, factors that may be considered when determining whether a couple is living together include:
1.... View More
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answered on Mar 8, 2024
When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More
I want everything that is available to me. Do I have to get an attorney from Philadelphia
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answered on Mar 8, 2024
I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More
Pictures and videos from last years of our marriage. How do I handle this?
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answered on Mar 7, 2024
Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More
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answered on Mar 6, 2024
If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More
We are sleeping separately in different rooms.
answered on Feb 28, 2024
In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More
My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More
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answered on Feb 24, 2024
Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More
All child support/custody is settled as well. How can he force me to stay married while living with his mistress?
answered on Feb 20, 2024
A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More
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