Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. My husband cheated on me can I get alimony he only work part time

    Answered almost 3 years ago.

    1. Mary G. Commander
    2. Rixon Charles Rafter III
    2 lawyer answers

    Spousal support in Virginia is not a punishment for wrongdoing by a spouse , so his adultery alone would not justify a support award. Instead, spousal support is based primarily on one party's need and the pther party's ability to pay. Spousal support can be awarded in the Juvenile and Domestic Relations District. This court uses a statutory formula for calculating support. The statute provides: A. There shall be a presumption in any judicial proceeding for pendente lite spousal support and...

    6 lawyers agreed with this answer

  2. Child support - should i continue to pay while motion to reduce is pending? What happens if i do not?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. James Hill Wilson Jr.
    2 lawyer answers

    The court order remains in effect until the judge enters a new court order. Filing a motion does not change a court order. If you fail to obey a court order, you can be held in contempt of court anf punished by fine or imprisonmement. Not a good idea.

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  3. I feel I have not been adviced or supported during this divorce process-by my lawyers. Am I asking/not asking the right question

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Howard M Lewis
    3. H. Eugene Oliver III
    3 lawyer answers

    Divorce is a difficult and emotional process. It is typical for a client to be scared AND confused. Much of the problem is not legal in nature and cannot be handled exclusively by lawyers. It is for that reason that all parties in divorce and/or custody cases should have some contact (the amount needed is determined on a case by case basis) with a counselor or therapist. this will help the parties deal with the often unreasonable expectations and fears. Also, lawyers know how things SHOULD be...

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  4. What steps do I have to take to start a FAULT divorce in the state of VA?

    Answered 3 months ago.

    1. Mary G. Commander
    2. Rixon Charles Rafter III
    3. Andrew Russell Page
    4. Richard Gerard Collins Jr.
    4 lawyer answers

    You would file a complaint for divorce in the Circuit Court. You are deemed to have condoned the fault if you continue to live with your spouse with knowledge that this occurred.

    5 lawyers agreed with this answer

  5. My Husband filed for divorce and has left the home, can he come take everything?

    Answered 9 months ago.

    1. Mary G. Commander
    2. Richard Gerard Collins Jr.
    3. Corry Nicole Smith
    3 lawyer answers

    At this point, there are no court orders. This means that either of you can take whatever you want. You may have to account for it later however. You can go to court and get an Order keeping him from disposing of marital property.

    5 lawyers agreed with this answer

  6. Wife is filing a Motion for Spousal support Maintenance even though an mount was agreed upon in a PSA and separation agreement.

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    2 lawyer answers

    Since the PSA states that the amount is modifiable, she could be awarded a different amount based upon proof of changed circumstances. There is no "cap" on final divorce support awards. She is bound by the PSA as to the duration of the support.

    5 lawyers agreed with this answer

  7. Can I kick my 18 year old out of the house if he is still attending High School?

    Answered over 2 years ago.

    1. Mary G. Commander
    2. Michael Christopher Miller
    2 lawyer answers

    At 18 he "legally" is an adult with all of the rights and responsibilities that come with it. You have the right to tell him that if he wants to stay in your house, he has to follow your rules. If he refuses, you can evict him.

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  8. What agreement should be made in the event of divorce after you are married? We are currently separated & intend on m-counseling

    Answered 4 months ago.

    1. Mary G. Commander
    2. Andrew Russell Page
    3. Kevin Reese Pettrey
    3 lawyer answers

    Signing a Separation Agreement does not mean that you have to get divorced. Most such Agreements contain a reconciliation clause in the event that the parties get back together.

    4 lawyers agreed with this answer

  9. Step parent adoption without biological father's consent

    Answered 4 months ago.

    1. Mary G. Commander
    2. Andrew Russell Page
    2 lawyer answers

    Consent can be waived if you prove by clear and convincing evidence that the father, without good cause, has failed to have contact with the child for 6 months or more. This is by statute.

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  10. Legal Advice on What is the likelihood the district court judge would change or vacate their previous order in a rehearing?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. H. Eugene Oliver III
    2 lawyer answers

    It always is unlikely that a judge will reverse himself. The better option usually is to appeal to the Circuit Court and have a new judge look at it.

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