Michelle Nicole Mathis’s Answers

I am a former Navy JAG with a practice in Norfolk, Virginia www.mathislegal.com You can divorce someone while they are in the military, with or without his or her consent or participation if you know where s/he is and are able to formally serve them. As the first attorney said, there are some special considerations when one person is in the military. It seems like your spouse may be willing to cooperate and facilitate the divorce process. If not, you may want to act quickly so you can...

I am a Norfolk Attorney, who does Landlord-Tenant law. Like many Landlord-Tenant questions, the answer really depends on what your written lease says. An Attorney would have to see your lease to see who signed it, what was promised, and the provisions about "assigning" the lease to someone else. If both you and your absent roommate signed the lease, then it would make sense that you can't affect his interest/possession in the lease (giving his interest/possession to another person) without...

I am an attorney in Norfolk, I represent both tenants and landlords. The legal relationship between you and your landlord begins with your lease (and can be modified by other Virginia laws). Typically the lease provides for penalties if you "break" a lease early. These penalties can range anywhere from a predetermined set amount (liquidated damages), to the understanding that you will be held responsible for the remainder of the lease period (potentially challenge-able if the place is re-...

The attorney above is correct, you can file in another state (Virginia) if you or he has been living or serving here for the past 6 months. However, there are a lot of other logistics involved to complete the divorce. Where does he live? Is he cooperative? When are you going on deployment? I am a former Navy JAG and a Norfolk Attorney, I do divorces for military members in the Hampton Roads area. Feel free to give me a call to discuss the specifics of your case (757) 502-3175.

You are facing a speeding violation of going 58 mph in a 45 mph zone (13 mph over). Like the previous lawyer said, you could just pay it, your time may be more valuable than hiring an attorney and appearing in court. But, driving 10-14 miles above the posted speed limit will give you 4 points against your license and blemish your perfect driving record (see http://www.dmv.state.va.us/webdoc/citizen/drivers/points_4.asp). You could get a printout of your driving record from the DMV, attend a...

QUICK ANSWER - You may have a claim for constructive eviction. This happens when a landlord's conduct (through an act or omission) deprives you of the use of the leased premises, to the point where you might-as-well-have-been-kicked-out. BUT! You must prove (1) a defective condition existed on the premises which deprived you of beneficial enjoyment of the premises; (2) the defective condition was the responsibility of the landlord to repair; (3) the landlord breached the lease by failing...

The VRLTA statute that you are referring to is Va Code § 55-248.11:2 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.11C2). The statute that would apply to a common law lease is Va Code § 55-225.7 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-225.7). You can see that they say the same thing. So yes, there is a law that protects you similiar to VRLTA. Neither statute specifically says you will get your rent back, but if you never took possession of the property, then...

VRLTA, may apply, see www.dhcd.virginia.gov/.../PDFs/Landlord_Tenant_Handbook.pdf and if so, I read the text below to say they should be using a professional: VA Code § 55-248.4 / VA Code § 55-248.18:2. That is your first step, negligence and breaking the lease could be possibilities it depends on the exact facts of your case. “Mold remediation in accordance with professional standards" means mold remediation of that portion of the dwelling unit or premises affected by mold, or any...

You are responsible for this. A pending divorce in the United States is not a reason in-and-of-itself for the military to pay for a dependent to move home. Benefits for military spouses are designed to ultimately provide a benefit to the military. The military would not realize a benefit by you moving you home. The instruction for when a move will be paid for is at http://www.defensetravel.dod.mil/Docs/perdiem/JFTR(Ch1-10).pdf, if you look to pgs. 405-409 of the pdf, it gives a table...

You can get a divorce without knowing where the mother is, but you have to be prepared to tell the court which logical steps you took to try and find her. You would also have to try and provide your wife with notice of the divorce by publishing the fact that you filed for divorce in a newspaper. In Virginia, when two parties have a minor child together, one of the grounds for divorce is living separate and apart for one year, which it sounds like you've met. Assuming you are able to find the...