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 over 2 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. 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 almost 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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  3. My Husband filed for divorce and has left the home, can he come take everything?

    Answered 5 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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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  7. Not following separation agreement terms

    Answered over 1 year ago.

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

    You can schedule a hearing to have the contract (which is what the Agreement is) be made into a court Order and then have it enforced by contempt. You also no longer need to have court hearings for uncontested divorces. Virginia authorizes the use of Affidavits effective July 1, 2012. Your money would be well spent to consult with a lawyer.

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  8. I filed for child support last year when my son was 15, the court appointed lawyer for my son in NY says my son probably won't g

    Answered about 4 years ago.

    1. Mary G. Commander
    2. Virginia C Haizlip
    2 lawyer answers

    If the case is being heard in New York, then they are applying New York law. Under Virginia law, the court can award support from the date of filing forward. It cannot go back before the date of filing for support. The relationship between the parent and child, however, has no bearing on the duty to provide support.

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  9. How do I get a continuance on a custody case for Tuesday to obtain legal representation?

    Answered 5 months ago.

    1. Rixon Charles Rafter III
    2. Mary G. Commander
    3. David Paul Morgan
    3 lawyer answers

    You will have to appear on the court date and ask the judge to continue the case so that you can have an attorney present to represent you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I had a domestic assault and battery I was given probation and fresh start classes i completed all requirements

    Answered 6 months ago.

    1. Michael Christopher Sprano
    2. Mary G. Commander
    3. David Joseph Dischley
    3 lawyer answers

    There will still be a record of the charge, but you will not have a conviction.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful