Generally speaking, if you move out of the marital residence on agreement it cannot be used against you as grounds for abandonment. If you are working on a PSA together, I would consider it to be in your best interest to have that signed and notarized before you moved out, to be on the safe side.
I would strongly advise you to consult an attorney, if you haven't done so already. Avvo is no subsitute for buying an hour of an attorney's time to make sure you are protected.
She needs to contact an attorney to have the Court enter an order compelling him to sign the listing agreement. He is going to have difficulty explaining to the Judge why he unreasonably withheld permission to sign the listing agreement. This is likely a case where your daughter may be awarded attorney fees if it has to go to Court.
Annulments are tricky to come by in Virginia. I have had success proving so-called green card sham marriages before and getting them annulled, but the circumstances and facts of your case have to meet a very narrow criteria. I'm attaching a link to my website for more info on annulments, but you are going to need to contact an attorney on this for better information about your particular case.
Hi there- well it all depends on what you want to achieve with your divorce. If you are looking for support, him to take some debt, and property division you are going to have a more complicated and expensive divorce. If you are just looking to finally get divorced and nothing more, that's an easier and less expensive task.
Many attorneys, including myself, would be happy to chat about your situation. Just contact one directly, most of us are very nice and want your business!
Frankly, our guess is as good as yours without seeing the paperwork. Is it a modification of his child support that he filed? Is it a show cause proceeding brought against him for failure to pay?
Have you contacted your local Division of Child Support Enforcement for help?
You guys need a custody and visitation order pronto. You can put in provisions that he to not have the children if he isn't sober and can require that visitation be supervised until he gets himself clean and/or compliant with medication.
Contact a local attorney for more information. You can also file petitions for custody and visitation on your own at your local Juvenile and Domestic Relations Court clerk's office.
Guessing how a judge will rule is a fool's game, but you certainly seem to have some of the characteristics that will lead a judge to grant supervised visitation. Remember these cases are decided based on what is in the child's best interest.
These cases are complicated though, and given what's at stake you would be well served to find a qualified lawyer to go with you to court.
You are going to want to pose this question on the Pennsylvania board and maybe the DC board. All states laws concerning child custody, support and visitation are different, sometimes dramatically so and seeking advice from a Virginia lawyer about a child born in Pennsylvania is bound to cause trouble!
That is not going to meet anyone's definition of parental kidnapping, but the behavior is troubling nonetheless. The Judges in Chesterfield would not find this behavior acceptable. If it continues you may need to file a Show Cause to have a judge make sure the current order is being enforced.
You may also benefit from modifying the current order to establish a more concrete visitation schedule. It's harder for her to justify not granting visitation when there are concrete dates and times...