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Charles R. Hofheimer

Charles Hofheimer’s Answers

61 total


  • I AM IN NEED OF A LAWYER IN ROANOKE, VA. THAT CAN DO A QDRO-MY DIVORCE IS FINAL

    NEED TO KNOW WHAT KIND OF LAWYER I NEED-IS IT A DIVORCE LAWYER OR ANOTHER TYPE OF LAWYER

    Charles’s Answer

    try John Grove 540 983 7697 He is an excellent divorce attorney and should be able to help you.

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  • Can I, the mother, take kids out of state before divorce?

    Can I, the mother, take kids out of state before divorce?

    Charles’s Answer

    If there are no court orders about custody or visitation in place, you can take the kids out of state if you are just visiting people and the children are not missing school, but remember, if their father doe not know where they are he will say you kidnapped them and go to court to get an ex-parte custody order which would very likely be granted. You need to leave a paper or digital trail showing that he is informed of what you are doing and where the kids are.If you are talking about permanently leaving the state then you better consult with an attorney because you could create a situation where you could hurt yourself any future contested custody case. If your husband is in the military and deployed--that raises a number of different issues. You really should see a lawyer ! Also, go to www.custodysurvivalguide.com and order the book "The women's custody survival guide". Get good advice !

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  • I want to divorce my husband of 11yrs and keep the house... can I do that even though there are back payments due?

    Who would be responsible for the back payments? The title is in both our names the loan in his alone.

    Charles’s Answer

    Is it possible, yes, if he agrees in writing and you have the capability of bringing the payments current and refinancing loan. working this out requires a very capable attorney . Good Richmond family law firms include Batzli Wood and Stiles; Barnes and Diehl ; and Hall and Hall. Good luck.

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  • If you file for separation and then divorce using mediation will you have to appear in court?

    Would there be any reason the judge would not grant your divorce?

    Charles’s Answer

    Mary Commander did a great job answering your question. Among the issues that arise when you prepare to file is whether you have lived separate and apart for the statutorily prescribed time, whether you actually both signed a separation or stipulation agreement, whether you have lived in Virginia for six months immediately preceding the filing of the divorce, whether the court has personal juristiction over both of you if you are seeking anything (support, custody etc). Probably worth your while to have an initial consultation with an attorney to make sure all the bases are covered.

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  • After 1 year of seperation, do I still need a PSA to get divorced ?

    After 1 year of seperation, do I still need a PSA to get divorced if we have one Joint property (a bank loan) that I am willing pay on my own. Just to get away from my husband?

    Charles’s Answer

    While you probably don't need a PSA--Having one joint debt does not mean you don't have marital property. Marital property is "all property, not otherwise separate, acquired during the marriage, REGARDLESS OF TITLE." So if you bought a car during the marriage in your name only, It is marital property and if it has any equity, he may have a marital interest in your car.So like a broken record, have an initial consultation with an attorney to make sure no hidden problems. Also you can get a free copy of the book "What Every Virginia Woman Should Know About Divorce" at www.freedivorcebook.com

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  • I need to know the steps on getting a divorce

    i would like to know what i have to do to file for a divorce i am a stay at home mother so i have no money?

    Charles’s Answer

    check www.freedivorcebook.com for a free copy of "What Every Virginia Woman Should Know about Divorce". (The book regularly sells on Amazon.com for $29.95.) Go to DivorceSource.com and ask attorneys online the questions you would like to have answered. Beg, Borrow and otherwise figure out how to pull some money together. You can't sit back and let things get worse by being a victim. You must be on the offense no matter how devastated you are. Go to Juvenile court in Spotsylvania and get spousal support. The Juvenile court clerks will help you. You must take action and not be passive.

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  • This is the second ?

    2. What paperwork do I need to file with the courts concerning retaining a legal separation, alimony and child support?

    Charles’s Answer

    There is no required paperwork to establish a legal separation in Virginia--You are separated when one of the parties leaves the marriage with the intent not to return. To obtain court ordered custody , Child support and spousal support, you file a petition in the juvenile court in the juristiction where you live. You do this at the Juvenile and Domestic Relations court clerk's office. You can do this without an attorney.

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  • My divorce date is set for 5/20/10 we cannot agree on a settlement my atty says she has to file settlement paper in 4 days what

    i have exclusive rights to living in the home for 2 years by the judge since he was abusive. he wants me to pay the mortgage, home owners ins and taxes until the house is sold

    Charles’s Answer

    Mary Commander's answer re: confusion between a protective order and your divorce is correct. You really need to speak with your attorney as she probably has to file a pre-trial order or brief and thus there is the normal pressure to either settle the case or try it. You have very little time so you need to meet with your attorney ASAP.

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  • What do I need to prove residency in VA so I can file a divorce here?

    I need to know the list of things I need to prove VA residency. Do I need a lisence?

    Charles’s Answer

    Sonja has given you some good advice. Additionall,There are 2 kinds of divorce, in rem and in personam and it make a difference which type you seek if you want the court to determine spousal support, child support, custody and division of property. Normally an in rem divorce is a naked divorce meaning that is all you get, the divorce itself. An in personam means the court has personal juristiction over both of you and can order appropriate relief on all the matters listed above.(supportd,custody etc.)

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  • Is a confession proof of adultery?

    I was dating a seperated man and we are both in the military. He admitted adultery once to his wife. Since then, she has taken him back and lived together for a short period of time. They are now seperated again. Can she use his confession as gro...

    Charles’s Answer

    condonation--When a husband admits to an affair and wife takes him back and has sexual intercourse with him knowing of the affair, she has condoned the act--she has legally forgiven him .

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