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Charles R. Hofheimer

Charles Hofheimer’s Answers

61 total

  • I am seperated and can file for divorce in about a month. I have been dating someone during the seperation and am now pregnant.

    I have sole custody of my two girls. Their Dad did not want any custody and now that I am pregnant he wants shared custody. One week with me one with him. My boyfriend will be moving in here by the time the baby is born (6 months.) This is what...

    Charles’s Answer

    Custody is not determined by whether you are pregnant it is determined by the best interests of the child. See my daughter's book on custody www.custodysurvivalguide.com Your boyfriend should not move in with you and your daughters, that can cause you to lose custody because seldom does the court support unmarried folks living together when young children of a different relationship are in the home. You clearly have alot of questions and you should meet with an experienced custody attorney so that they can obtain all the facts before giving you advice on what YOU should or should not do. As to the moving question, it is referred to as relocation and while it may be possible, if your move is viewed as a way to get away from your ex, the court won't like that. You have to PROVE that the move is in your children's best interest not merely your best interest. Do get legal help !!!!!!

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  • I'm looking for a dually licensed divorce/seperation lawyer for Va and NC

    I'm temporarly staying with my sister in Williamsburg, Va. I was married and resided in Fayetteville, NC. Like to find a local lawyer that can practice in NC.

    Charles’s Answer

    Mary Elizabeth Davis of my office practices in Va. and Northeastern NC 757-425-5200

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  • What are my rights after 25 yrs of marriage and four kids as a stay at home mom?

    After 25 yrs of marriage I received an email from my husband (who is out of the country for work) saying that he already hired an attorney for a legal separation starting the day he left the country about 2 months. Reason: he needs some new goals ...

    Charles’s Answer

    Save the email, order my book "what every Virginia Woman Should know about Divorce:" from www.freedivorcebook.com, check out Divorce Source for lots of free divorce information and make an appointment with an attorney after you have read my book. Meanwhile, don't send him email responses, don't get ugly or show anger, Do the unexpected to keep him guessing about what you are doing. Grab copies of everystatement from banks, credit card companies, personal documents. If you call our office we will send you the 20 things you should do immediately to protect yourself. Don't call his employer, don't Talk to everyone yet, you want to be stealth like so he doesn't know how well prepared you are going to be.

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  • If Spouse is out of country do we need to sign separation agreement?

    We have been living seperately for 6 months and my spouse is out of country and would not be returning back. Do we need to sign any seperation agreement at this point or can we directly apply for divorce based on mutual grounds since we have lived...

    Charles’s Answer

    To get divorced now before 1 year of separation, you would need an agreement. But if you wait until 1 year of separation is over then you can file for divorce and will not need a separation agreement.

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  • Divorce papers say that x-husband will pay alimony when he begins working, he is now working.How do I file?

    Divorce papers say that x-husband will pay alimony when he begins working, he is now working.How do I file?

    Charles’s Answer

    If your divorce decree remands support issues to juvenile court then file a motion for spousal support there immediately. The court can award support retroactive to the day you file so filing quickly is imperative. If there is no remand language then you will have to file a motion to reopen your divorce case and file a motion for spousal support or file a show cause motion for his failure to comply with the court's order. Frankly-An attorney needs to see the court's order and any separation agreement between you and your ex to give you a definitive answer.

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  • Divorce papers say that x-husband will pay alimony when he begins working, he is now working.How do I file?

    Divorce papers say that x-husband will pay alimony when he begins working, he is now working.How do I file?

    Charles’s Answer

    If your divorce decree remands support issues to juvenile court then file a motion for spousal support there immediately. The court can award support retroactive to the day you file so filing quickly is imperative. If there is no remand language then you will have to file a motion to reopen your divorce case and file a motion for spousal support or file a show cause motion for his failure to comply with the court's order. Frankly-An attorney needs to see the court's order and any separation agreement between you and your ex to give you a definitive answer.

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  • Re: legal separation

    Is a notarized separation agreement that clearly spells out division of property and spousal support a legally binding contract in the state of Virginia ?

    Charles’s Answer

    If signed by both parties and notarized, the presumption is yes.

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  • Is it legal for a husband to stop payment on the car note for his wife and buy a house , move out and leave her to pay rent?

    he has stopped paying the car note for the car he bought her, the registration needs to be renewed and he told her he is not paying for it. He is about to close on a house and move out leaving her to pay rent for the apartment they are now in. She...

    Charles’s Answer

    Until a court orders otherwise (And the court would be sympathetic to your friend's case, I believe, if properly presented and there are not other mitigating facts) Husband can stop paying car note, be deliquent on car registration,close on a house,close the joint account,take the grocery money,the BAH is not hers---yet, she is not entitled to half the tax check merely because she is a dependent on his tax return and she probably will get spousal support temporarily and maybe longer. Now, Many of these issues can be reversed by a court order but your friend has to figure a way to get help $$$ from immediate family,relatives and friends. She must be assertive asking for help and know how to approach the military for assistance. -Good luck to her-don't let her remain a victim of his arrogance.

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  • Mom considering terminating parental rights, forced to by custodial parent-dad, is this done?

    9 yrs ago, this young mom lost physical custody of her daughter, and now the custodial parent, won't give her information regarding daughters hlth, wont give her teachers name, when she will be going on field trips, when she is sick, she get's her...

    Charles’s Answer

    This would be very difficult because the court is concerned about the child and they want you to pay child support to help maintain the child. Obviously, the custodial parent's alleged conduct is outrageous and you should be able to go into court and have the court assist you in obtaining the information you should have. Sounds to me like your daughter really needs you so don't give up due to custodial parents bad behavior.

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  • Ive been separated for about 4 years, i want to divorce but can not locate him. What do i do?

    The last I know the only contacts to finding him was through his father and aunt, but they have nothing to do with him anymore. We have no children, no cars, and no house together. I just want my divorce but I don't know what step to take.

    Charles’s Answer

    Sonja Aoun gave you good advice in her response to this question. I would urge you to go to the clerk's office in the circuit court in Danville and ask about service by publication (ex.which is the least expensive paper you can publish your notice) (Do they have a completed file where publication for a divorce recently occurred so you can see what was done, what was filed, how to do a Complaint for divorce etc.) Most Clerk's offices are very helpful as long as you do not ask for legal advice directly. You should ask for process advice and look at appropriate files.

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