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Michael David Thomas
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Michael Thomas’s Answers

288 total


  • Can she kick me out of the house? Do I have any rights to the property?

    My wife is filing for divorce. She is employed and I am unemployed. She bought a house last year that we live in with our son. My name isn't on the paperwork. I also have background issues.

    Michael’s Answer

    Any time I hear "background issues," I tend to get worried. You probably need to sit down and discuss what these are. Setting that aside, I can tell you that she cannot kick you out of the house. Based on her working and you are not, you might actually get some spousal support from her. Also if she is working full-time, you may very well be the primary custodial parent, so when SHE is asked to leave the property, you may get child support too. But again the "background" issue really concern me, we would really need to sit down and discuss your options.

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  • Divorcing a mentally unstable person. How?

    We have been separated since February. She did something that I can't forgive. Not adultery. That would be easier to handle. It's not a legal separation. Now she has been admitted to the hospital by the police for a mental evaluation. What should ...

    Michael’s Answer

    Well, it sounds like you might be legally separated if you have been truly living separate and apart. In VA, you need to be separate and apart for one year. There are exceptions to that if there are no minor children and you have a written separation agreement; however, with her in a mental hospital, I doubt you will be able to acquire a valid separation agreement. So where do you go from here? I suggest meeting with a local divorce attorney and discuss your plans for February. Should she be still hospitalized or determined to suffer some mental disability, the Court may have to appoint a guardian to represent her, which is more cost to you. Yes, you have to pay for her attorney. That is why I hope for you sake, she is not under some sort of disability. Maybe over the next few months she can be rehabilitated enough that you could work out a separation agreement and ultimately an uncontested divorce; but this will require the assistance of an attorney to help you through the process.

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  • My child's father wants visitation

    When I got pregnant I was living in New York with my baby father once he found out I was pregnant he wanted me to get an abortion I didn't get an abortion so he kicked me out I moved back to Virginia with my mother and now he wants me to send my 6...

    Michael’s Answer

    • Selected as best answer

    If you have been living in Virginia with your son for the past six months, I suggest filing for custody here in Virginia. That way you will have an order clearly stating that you have custody and forcing him to come here to request visitation. In addition, I would suggest doing this prior to allowing your child to go to New York because right now without an order in place, he could easily keep your son so he could file up there.

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  • Plaintiff purposely stalling divorce.

    My spouse filed for divorce back in April 2014 and I was served but since then nothing has happened in the case. We did go to JDR court for spousal but she was denied based off we had a separation agreement in place and I'm only ordered to provide...

    Michael’s Answer

    You are correct that you can schedule a hearing with the assistance of an attorney. I am concerned that you mentioned that you were served but you do not mention that you filed an answer. You must file a timely answer to protect your interests. Now with regard to the hearing, while any party may request a continuance, she has to present a valid reason for the continuance. At some point you are going to have to do something. Please consider meeting with an attorney to move your case along.

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  • My friend is going through a divorce but his wife refuses to sign or agree to any of the terms because she wants to stay married

    What legal rights does my friend have to get help because his wife is trying to ask for more money but is only prolonging the divorce because she doesn't want to lose his military benefits. Also she refuses to sign or agree to any terms which make...

    Michael’s Answer

    I think your friend needs to consult with an attorney. From what it sounds like, no one has yet filed for divorce. They are negotiating the an attempt at settlement. So I think your friend needs to consult with an attorney to see what both parties would be entitled to. If the wife is truly being stubborn and refusing to negotiate then, he may have to see if he qualifies for divorce now or what is options are. If he qualifies for the divorce now, he may just have to file and have the Court rule on those issues.

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  • Can you tell me the two provisions that can make assets equitable after a final divorce decree?

    The lawyer told the judge there were assets still hanging. The other lawyer said her client did not know of any other assets. I spoke up & reminded him of things. The judge did not respond to this & then she told my lawyer to sign the divorce de...

    Michael’s Answer

    I am a little confused about your question, but what I think you are trying to ask is "Can assets be divided after the entry of the Final Decree" The short answer is that it depends on the contents of your final decree of divorce. A final decree can "reserve" certain equitable distribution for a later time. However, if your final decree does not reserve this, you might be denied this. I strongly suggest making an appointment with an attorney to review your final decree. You have 21 days from the date of the entry for the Court to modify its ruling.

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  • Am I entitled to half my husband's insurance settlement if he files for divorce?

    He was involved in a car accident two weeks ago with the settlement forthcoming. He filed for divorce today, and after draining our savings account and contributing nothing to our family finances for the last five months, he stated that he has hi...

    Michael’s Answer

    A personal injury award would be considered separate property so you would not be entitled to half. However, his actions in "draining the savings accounts" will be considered in Equitable distribution (property settlement). In addition, based on your reference to "family of three" would seem to indicate you have a minor child, so child support maybe something else for you to consider. Therefore while you may not be able to directly pursue his personal injury award, I would advise you to sit down with an attorney in your area to sit what you may be entitled to

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  • My ex-husband is going from rich to possibly poor, should I re-write our vague divorce agreement? Can I make him pay for it?

    Currently he has expensive cars, house, and our daughter goes to an expensive private school.... Im basically interested in getting it in legal writing that he has to continue paying for the private school.

    Michael’s Answer

    Your question requires a little more information. You mention "ex-husband." Is there an existing separation agreement, Final Decree, or Child Support order? Absent some agreement to provide for private school, that is not something covered in a child support calculation. I would suggest sitting down with an attorney to discuss what orders or agreements that are in place now and what may be done.

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  • I'm looking for a lawyer to represent Daughter in appeal court. I need a quote.

    Fighting visitation of a astranged grandparent of deceased son. No contact has been in place for over 12 years. Daughter doesn't want to go. Court warranted every other weekend visitation to paternal grandmother. Husband adopted daughter on last ...

    Michael’s Answer

    It sounds like you have issues of adoption and visitation going on. Mother's new husband just adopted the child but an appeal has been filed. Visitation was awarded to grandmother?? Was that appealed too? I think you should consider making an appointment to discuss your case further to map out these details.

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  • Can my husband kick me out if my name is not on the lease?

    We are moving into a new apartment and my name isnt on lease

    Michael’s Answer

    As you are husband and wife, no spouse can evict the other. Eviction or unlawful detainer is the legal process of removing someone from your property. You both can go around and around about changing the locks on one another but no Court is going to let your husband evict you. NOW, having said that the landlord could evict you both if there is some false statement on the lease. Typically on a lease, tenant has to disclose who is living in the apartment. Failure to do this honestly could give the landlord reason to evict you both. Since you are saying you are moving into this new place. I would suggest disclosing this to the landlord and getting your name on the lease.

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