Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Financial Duress

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    3. H. Eugene Oliver III
    3 lawyer answers

    "Financial duress" usually would not constitute legal duress, unless you were on the verge o f starvation or something equally dramatic. It is common to have "buyer's remorse" after signing an Agreement. Also, people often sign these without speaking with a lawyer and then come to a lawyer later and want it fixed. Other than provisions regarding child custody/visitation and child support which can be changed whenever there is a material change of circumstances or if the Agreement expressly...

    2 lawyers agreed with this answer

  2. We have been married just under 7 years.I have been in the Army for 21 years.Is she entitled to any of my retirement if divorce

    Answered about 2 years ago.

    1. Michael Christopher Miller
    2. Mary G. Commander
    3. Michael David Thomas
    4. Jennifer E Mandell
    4 lawyer answers

    She is entitled to 50% of the marital portion The marital portion is based on the period that the military service and marriage overlapped. Retirement for periods of service before the marriage and after the final separation are your separate property.

    2 lawyers agreed with this answer

  3. Can I be held responsible for ex wife's debt?

    Answered about 2 years ago.

    1. Jason Meyer Krumbein
    2. Mary G. Commander
    2 lawyer answers

    Agreements and Orders between the parties have no impact on creditors. You still owe the bank. Your recourse is to go against your wife for the non-payment via a contempt hearing.

    2 lawyers agreed with this answer

  4. Can I be ordered a drug test in Virginia during a judicial settlement conference for my divorce and custody?

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    The retired judge who is conducting the settlement conference cannot issue orders. He or she is not acting in a judicial capacity, but instead, is providing the benefit of years of judicial experience. The purpose of the conference is to assist the two parties in coming to a settlement. The "real" judge can order drug testing.

    2 lawyers agreed with this answer

  5. Can the biological father request DNA testing even though he has already voluntarily signed the Acknowledgement of Paternity?

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    He still can have DNA testing done.

    2 lawyers agreed with this answer

  6. Frustrated and Confused!. I am told I need to file for divorce in the state my ex and I last lived as a married couple. How?

    Answered over 2 years ago.

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

    So long as HE has lived the for the period required by the statute in ID, you can proceed there. You can file in VA if he agrees or if you just want a divorce and no other relief and have lived here for 6 months, you also can file here.

    2 lawyers agreed with this answer

  7. What happens if we get tossed out of a court for a divorce

    Answered almost 3 years ago.

    1. Darren Marshall Hart
    2. Mary G. Commander
    3. Robyn Danielle Pepin
    3 lawyer answers

    If the case is found to have a more appropriate venue elsewhere, the court can transfer it to the new city. Norfolk is a popular venue for filing divorces; however, the court has started transferring venue in cases on its own motion. This can cause some delay if it happens. You are better off not to raise the issue if you want the divorce to go smoothly.

    2 lawyers agreed with this answer

  8. I need a consultation with a family law attorney.

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Susan Leslie Fraser
    2 lawyer answers

    Attorneys who provide consultations in family law matters (myself included) will generally charge a consultation fee. Unless you want to waste an hour of your time, avoid the "free consultations" which consist of a sales pitch but provide very little, if any, substantive advice. Also look for a lawyer who concentrates in this area of the law. With something this important, you do not want a jack of all trades.

    2 lawyers agreed with this answer

  9. I have been told by a judge in a circuit court divorce case that I can't file a motion to quash only Atty can file this motion

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Susan Leslie Fraser
    2 lawyer answers

    Circuit Courts are not particularly user friendly nor are they a court of forms. Litigants are expected to be able to prepare their own pleadings. While I was not in court and thus cannot dispute your version of what the judge said, he may have suggested that you speak with an attorney ABOUT filing a Motion to Quash. Since your question is in the Family Law section, chances are that the medical records would be relevant to some issue in a divorce or custody case and would not be quashed, in...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  10. In a trial separation, will the one who move out still have rights to the house if it heads to divorce?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. David Alexander Browde
    3. Jayson Lutzky
    3 lawyer answers

    You do not forfeit an interest in the real estate by moving out; however, it is always better to try to have a writtten Agreement prior to moving. If direct discussions are unsuccessful, I suggest that you try mediation.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful