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Charles R. Hofheimer

Charles Hofheimer’s Answers

61 total


  • How to divorce someone in prison without a lawyer in virginia?

    He has been in for 3 yrs and will be in for 13 more. i have spoke to different lawyers and they advise me that i may have to ge him a lawyer. can i file the papers on my own?

    Charles’s Answer

    Yes You can file for divorce on your own. The problem the other lawyers are referring to is your husband is under a LEGAL disability because he is in prison so an attorney has to be appointed to represent him. Usually that means that the party seeking a divorce from an incarcerated person has to pay for the attorney. If you cannot afford a divorce for you and your husband, you can speak to the clerk's office about how to have certain fees waived.

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  • What is my legal right?

    A court document was delivered to me yesterday stating that I have to appear in court on 12/19/12. Not aware my husband filed for divorce. He cheated on me after 22 years. I found out about this in 2011. We are still leaving together. I thought ev...

    Charles’s Answer

    You have legal rights ! You should have an initial consultation with an attorney. Download a free copy of my book "What Every Virginia Woman Should Know About Divorce" at www.freedivorcebook.com and consider attending on December 8th,2012 one of our 3 hour seminars "Second Saturday-What Every Woman Needs To know About Divorce" which will be conducted by one of our attorneys and a Therapist.. You can register for the seminar at www.monthlydivorceseminar.com .

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  • Can a settlement agreement be changed after divorce decree?

    If a settlement agreement is incorporated but not merged in a divorce decree, can the agreement be modified independently of the decree? How does the process of changing such an agreement work?

    Charles’s Answer

    If the agreement provides for amendment within it's terms then the amending power is part of the court order and the agreement should be able to be amended. You may need to return to court to have the amended provisions incorporated into a new court order for enforcement. Frankly, this is a great question but I don't have the time to research the issue of "incorporating the amended provisions for enforcement purposes".

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  • How do I request time to make changes to agreement prior to divorce?

    My husband and I signed a separation agreement last year. The plan was for him to have physical custody of my son. They are really not getting along at all now. Husband filed divorce as planned, so I got a summons. Have to respond within 2...

    Charles’s Answer

    If Husband not cooperating, you should file an answer to his complaint and then a crossbill asking for the relied you are requesting which is either a change in custody or a change in visitation due to the change in the relationship of the child with the father and that it would be in the child's best interest to modify custody or visitation. For more information, go to www.freedivorcebook.com

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  • Can husband fight amount of support calculated?

    I contacted a lawyer who calculated both alimony and child support payments amounts. When I told the amount to my husband, he said it is too much. Can he fight me on this? If he sought his own legal counsel, wouldn't they just give him the same fi...

    Charles’s Answer

    Yes-he can fight you on this. You can go to Juvenile and Domestic Relations District Court in Fairfax c without an attorney and petition for child and spousal support. The clerks will help you file your petitions. You may want to file for custody as well. It is important that you file quickly as your support will be calculated from the date you file even if it takes a while to actually appear in court. Fairfax J&D will use the Fairfax guidelines to determine your support so it should approximate the figure used by the attorney you visited. for more information see our free divorce book for women @ www.freedivorcebook.com we also have a two hour video on "What Virginia Women Should Know About Divorce" available for $97. Go to www.monthlydivorceseminar.com or call 757-425-5200.

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  • My husband just told me that he was seeing someone else & wants a divorce. What are my rights?

    we have been married 30 yrs, own our home. I want to move out, but am worried abandoment. He's being civil about everything and wants us to come to an agreement. Can I get a lump sum payment from him? I have personal bills that I need to pay and ...

    Charles’s Answer

    Without knowing about home ownership, pensions, relative incomes it is not possible to outline your rights here but go to www.freedivorcebook.com where you can download my book or order it. It's title is "What Every Virginia Woman Should Know About Divorce". It will answer your questions. Meanwhile, DO NOT SIGN ANYTHING !!

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  • My daughter admitted to an affair to her husband of 8 years. What rights does she have?

    She and her husband agreed upon terms of seperation, she and the children have moved in with us. Now the husband calls her constantly calling her very vulgar names, has decided he shouldnt have to pay any support to his children because they live...

    Charles’s Answer

    Is your daughters agreement with her H in writing? Her H will have to pay child support as long as the children are in her physical custody. Don't fall prey to his threats. He is trying to bully her and she doesn't have to live in poverty because of a mistake of the heart. Yes, your daughter may have to face an embarrassing moment but don't let that ruin her life. I have a DVD on divorce and adultery and a great book on "What Every Virginia Women Should Know About Divorce" at www.FreeDivorceBook.com

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  • Is a spouse entitled to an inherited estate in a divorce?

    I am an executor of my father's estate and I am in the process of divorcing. Is my spouse entitled to any of the estate as part of a divorce settlement?

    Charles’s Answer

    No-Inheritance in VA is separate property and not part of the Marital estate.

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  • Discovery process in the State of Virginia

    My spouse and I signed a legal seperation agreement over a year ago. I believe my spouse didn't have a lawyer at the time we signed it. Now my spouse has a lawyer, and is now contesting the agreement claiming duress and fraud. The agreement is ...

    Charles’s Answer

    The issues require a review of the agreement to determine if it is an unconscionable agreement (terms so unfair no one in their right mind would sign) and an understanding of the circumstances occurring at the time of signing. You really need to meet with an experienced attorney.

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  • Rights to ex-spouse's military retirement

    Hello, I was divorced from my husband in 2007. We were married in 1996; he was in the military (active duty) for the majority of that time. At the time of our divorce, he stated his lawyer told him I had no entitlement to his retirement becau...

    Charles’s Answer

    State law determines how much you are entitled to of your husband's Military Pension. Bluntly, Your husband lied to you. See the free Military Divorce book I co-authored with former Jag officer Matt Hamel at MilitaryDivorceBook.com

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