Q: I am moving to washington state, I have a two year old son in which I raise alone and the dad comes in and out as he pleases, neither of us have custody. If we have it written up and notorized that he's aware and ok with me moving with our son will that hold in court if he tried to press charges for kidnapping?
A: I would recommend contacting a Virginia family law attorney to advise and assist you in drafting a formal child custody & visitation agreement to be executed by you and the child's father prior to you and the child relocating out of state. Depending upon the specific circumstances of your situation, the attorney might also recommend that child support issues be addressed in the agreement and, depending on your current marital status, may make additional recommendations regarding support and division of debts and assets.
Courts generally will accept an agreed upon arrangement between the parties regarding custody, visitation, and child support and such a written agreement can be submitted to the appropriate court for incorporation into a court order. However, nothing precludes either parent from challenging the agreed upon arrangement in the future based on a change of circumstances.
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DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
Thursday, November 3, 2011
Q & A: Contesting a Divorce
Q: i want to contest the divorce because i dont want a divorce.
A: Ultimately you cannot prevent your spouse from obtaining a divorce in Virginia. However, you do have a right to contest any facts alleged in the divorce pleadings that you genuinely dispute, as well as the right to affirmatively state that you do not desire a divorce, as part of your responsive pleadings to the complaint for divorce filed by your spouse.
The burden will be on the person seeking the divorce to prove the facts that support the grounds upon which they are seeking a divorce be granted. If the basis for the divorce is "no fault" (i.e., having lived separate and apart, continuously, without cohabitation or reconcilliation, for a period in excess of one year, with the intent on the part of at least one party to the marriage that the separation be a permanent one and at least one of the parties desires that a divorce be granted), then the proof required by the court is pretty minimal and only requires the testimony of the party seeking the divorce and one corroborating witness.
Even though the divorce would be granted over your objection, you can have your objection noted on the final decree of divorce or have the divorce decree include a statement that basically states that the divorce is being granted over the objection of wife/husband (as the case may be). Again, this will not prevent the divorce from becoming final or alter the validity of the divorce, but might make you feel a little better to see that language included in the divorce decree. Courts have allowed me to include these types of objections in final decrees whenever I had a client who objected to the divorce on moral and/or emotional grounds in the past.
Please note that your answer to the complaint for divorce, as well as any affirmative relief you are seeking, must be filed within 21 days after the complaint is served on you. Please also note that, despite your objections/contest to the divorce, it is important that you protect all of your legal interests and request the court to award you any and all relief to which you may be entitled should a divorce be granted. Such rights may include, but not be limited to, temporary and permanent spousal support (or reservation of right to same), exclusive use of the marital residence, maintenance of health and/or life insurance, payment of maritals debts, distribution of marital property (including retirement accounts, pensions, or other retirement benefits), attorney's fees, and determination of custody/visitation/child support if you have minor children and/or any disabled adult children.
In order to ensure your rights are protected, I recommend that you consult with a Virginia family law attorney as soon as possible.
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DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
A: Ultimately you cannot prevent your spouse from obtaining a divorce in Virginia. However, you do have a right to contest any facts alleged in the divorce pleadings that you genuinely dispute, as well as the right to affirmatively state that you do not desire a divorce, as part of your responsive pleadings to the complaint for divorce filed by your spouse.
The burden will be on the person seeking the divorce to prove the facts that support the grounds upon which they are seeking a divorce be granted. If the basis for the divorce is "no fault" (i.e., having lived separate and apart, continuously, without cohabitation or reconcilliation, for a period in excess of one year, with the intent on the part of at least one party to the marriage that the separation be a permanent one and at least one of the parties desires that a divorce be granted), then the proof required by the court is pretty minimal and only requires the testimony of the party seeking the divorce and one corroborating witness.
Even though the divorce would be granted over your objection, you can have your objection noted on the final decree of divorce or have the divorce decree include a statement that basically states that the divorce is being granted over the objection of wife/husband (as the case may be). Again, this will not prevent the divorce from becoming final or alter the validity of the divorce, but might make you feel a little better to see that language included in the divorce decree. Courts have allowed me to include these types of objections in final decrees whenever I had a client who objected to the divorce on moral and/or emotional grounds in the past.
Please note that your answer to the complaint for divorce, as well as any affirmative relief you are seeking, must be filed within 21 days after the complaint is served on you. Please also note that, despite your objections/contest to the divorce, it is important that you protect all of your legal interests and request the court to award you any and all relief to which you may be entitled should a divorce be granted. Such rights may include, but not be limited to, temporary and permanent spousal support (or reservation of right to same), exclusive use of the marital residence, maintenance of health and/or life insurance, payment of maritals debts, distribution of marital property (including retirement accounts, pensions, or other retirement benefits), attorney's fees, and determination of custody/visitation/child support if you have minor children and/or any disabled adult children.
In order to ensure your rights are protected, I recommend that you consult with a Virginia family law attorney as soon as possible.
To receive notice of future LawHelp postings, you can also follow on Twitter at http://twitter.com/MandellLawHelp.
DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
Q & A: Effect of Disability on Spousal Support
Q: Can the fact that my husbands mental disability has affected me help in court?: My husband and I had a wonderful marriage for 30 years. 11 years ago he was diagnosed as 70% mentally disabled, 30% unemployable...= 100% disability from the Veterans Administration. Since he has been diagnosed,he's changed and I have been in counseling for those 11 years due to depression from how he lied to me to make me feel guilt for things he's done, his emotional detatchment, etc. I have been an out patient in a psychiatric hospital due to depression caused by him. If/when he files for a divorce can I use that against him to try to get more support. I worked full time up till 11 years ago, then my major depression became disabling. Thank you for your help
Asked 1 day ago in Divorce
A: The circumstances that you have described are valid factors to be considered by the court in any subsequent divorce action in determining not only the issue of spousal support, but also the division of marital assets, payment of marital debts, and any attorney's fees award. In addition, as a veteran, there may be a number of benefits that your husband either currently receives or may be eligible to receive in the future (such as health insurance, life insurance, military retirement benefits, and survivor benefit annuities) that would also need to be considered by the court in determining support and equitable distribution issues. I would recommend that you contact a Virginia family law attorney to discuss this matter in further detail.
To receive notice of future LawHelp postings, you can also follow on Twitter at http://twitter.com/MandellLawHelp.
DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
Asked 1 day ago in Divorce
A: The circumstances that you have described are valid factors to be considered by the court in any subsequent divorce action in determining not only the issue of spousal support, but also the division of marital assets, payment of marital debts, and any attorney's fees award. In addition, as a veteran, there may be a number of benefits that your husband either currently receives or may be eligible to receive in the future (such as health insurance, life insurance, military retirement benefits, and survivor benefit annuities) that would also need to be considered by the court in determining support and equitable distribution issues. I would recommend that you contact a Virginia family law attorney to discuss this matter in further detail.
To receive notice of future LawHelp postings, you can also follow on Twitter at http://twitter.com/MandellLawHelp.
DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
Q & A: Domestic Violence
Q: If me and my girl fight and we both are hurt i went to the er she is taken pictures of herself. Telling me if i leave and go wit: with my dad she will call the police and show them the picture what should I do we have a son and i dont want him to see us like this
Asked about 7 hours ago in Domestic Violence
A: I am assuming from your question that you and your girlfriend currently live together with your child, that this is a recent incident, that no police report has been filed by anyone (you, her, or any attending physician at the ER), and that there are no court orders regarding custody & visitation, etc. Just because you are the male in the relationship does not mean that you could not file a domestic assault charge against her if she was the aggressor. However, unless your girlfriend is a similar height and weight to you, then you may have an uphill battle proving your case in court. Whether you stay or go, your girlfriend could file a domestic assault charge against you (which you would then need to defend) - so there is no guarantee that staying will necessarily solve your current problem. If you feel compelled to stay but things heat up again, you might want to consider inviting a third party to be present (such a family member, friend, or even a neighbor) while you "work things out". The presence of a third party can diffuse a volitile emotional situation before it escalates into something physical and will also provide a witness who can testify later if things go bad. This does not sound like a healthy relationship for any of you right now. Because you have a child together, you may want to consider family counseling (there are very low cost and even some free counseling services in most areas). You should seriously consider consulting with an attorney in your local area that practices family law, to help you prepare in the event that court action does become necessary or is instigated by your girlfriend. In the interim, you might also want to take some pictures of your own (your injuries, etc.) and get a copy of your medical records from the emergency room -- you may need them in the future.
To receive notice of future LawHelp postings, you can also follow on Twitter at http://twitter.com/MandellLawHelp.
DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
Asked about 7 hours ago in Domestic Violence
A: I am assuming from your question that you and your girlfriend currently live together with your child, that this is a recent incident, that no police report has been filed by anyone (you, her, or any attending physician at the ER), and that there are no court orders regarding custody & visitation, etc. Just because you are the male in the relationship does not mean that you could not file a domestic assault charge against her if she was the aggressor. However, unless your girlfriend is a similar height and weight to you, then you may have an uphill battle proving your case in court. Whether you stay or go, your girlfriend could file a domestic assault charge against you (which you would then need to defend) - so there is no guarantee that staying will necessarily solve your current problem. If you feel compelled to stay but things heat up again, you might want to consider inviting a third party to be present (such a family member, friend, or even a neighbor) while you "work things out". The presence of a third party can diffuse a volitile emotional situation before it escalates into something physical and will also provide a witness who can testify later if things go bad. This does not sound like a healthy relationship for any of you right now. Because you have a child together, you may want to consider family counseling (there are very low cost and even some free counseling services in most areas). You should seriously consider consulting with an attorney in your local area that practices family law, to help you prepare in the event that court action does become necessary or is instigated by your girlfriend. In the interim, you might also want to take some pictures of your own (your injuries, etc.) and get a copy of your medical records from the emergency room -- you may need them in the future.
To receive notice of future LawHelp postings, you can also follow on Twitter at http://twitter.com/MandellLawHelp.
DISCLAIMERS:
This site is not intended to provide legal advice nor should any content or correspondence provided herein be construed as forming an attorney-client relationship. All content is intended as general information for educational and/or entertainment purposes. The attorney responsible for the content of this site is only licensed to practice law in Virginia and the District of Columbia and no content provided on this site is intended as nor should be construed as engaging in the practice of law in any jurisdiction in which said attorney is not authorized by law to practice. Should you require legal advice or representation, please contact an attorney authorized to practice law in your jurisdiction.
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