Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 12
  1. What will be the penalty for a class 1 misdemeanor for destruction of state property?

    Answered almost 2 years ago.

    1. Michael David Thomas
    2. Kevin Duane Frank
    3. James Donald Garrett
    3 lawyer answers

    If your primary concern is jail time, then I must advise you that it is a real possibility. Typically a judge might be persuaded on a first incident of destruction property to not give jail time, but here it sounds as though he lost his temper and intentionally went after the Police Officer's vehicle. Let me re-iterate that POLICE OFFICER's vehicle. Was he nuts????? Anyway all joking aside. The judge will not be happy about that and he may give him a few days in jail to think about what he...

    5 lawyers agreed with this answer

  2. In the state of Virginia is a separation period required before the granting of a divorce?

    Answered almost 2 years ago.

    1. Michael David Thomas
    2. David Michael Mccormick
    3. David Alexander Browde
    3 lawyer answers

    Yes, with the exception of adultery. Adultery is the only ground that can grant you an immediate divorce but rarely do people have actual proof of adultery. So for all other categories you must be separate and apart for one year unless you have no minor children AND you have a written settlement agreement resolving all issues. In that exception the waiting period is only 6 months. I suggest you use this time to meet with an attorney to plan what avenues or strategies are best for you.

    5 lawyers agreed with this answer

  3. Removing your name from mortgage loan during/before divorce.

    Answered over 2 years ago.

    1. Michael David Thomas
    2. Gregory Howard Wiley
    3. Daniel Seth Williams
    4. Jennifer E Mandell
    4 lawyer answers

    You really need to sit down with an attorney to review your agreement. Was there any reference to refinancing in the agreement? Did it state that you waived your interest in the house?Assuming the responsibility of the mortgage is not the same thing. If your agreement does not require to remove your name, you may have a difficult time removing your name. Please see an attorney to review your agreement to see if there is any way to address this at your final divorce hearing.

    4 lawyers agreed with this answer

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  4. When does child support stop in virginia when my son is already drawing a disability check each month?

    Answered over 1 year ago.

    1. Michael David Thomas
    2. Clayton Andrew Worthington
    3. Kevin Reese Pettrey
    3 lawyer answers

    Child support can terminate when the child is 18 and has graduated high school or when he turns 19 whichever occurs first. But I must stress the work CAN. Someone has to file to terminate the support or else it will continue. The Courts will not check back with you next year to see if your child graduated high school.

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  5. What does a deferred disposition mean?

    Answered over 1 year ago.

    1. Michael David Thomas
    2. Brenton Daniel Vincenzes
    2 lawyer answers

    It sounds as though they gave you a first offender plea. Specifically, you admitted that there was enough evidence to find you guilty and the Court agreed that there was enough evidence to find you guilty but the Court did NOT find you guilty yet. The Court likely withheld the finding of guilt on the hope that you will be good for 2 years and complete your probation (which typically included anger management). Typically if you do what you are suppose to then the charge will be dismissed...

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  6. Can I legally remarry after being divorced for 4 months and Ex files for a Motion to Vacate two days before wedding?

    Answered 9 months ago.

    1. Michael David Thomas
    1 lawyer answer

    The bigger question is why is they are filing a motion to vacate? Most of time when these motions are filed is due to some problem is addressing property debts or support. Sometimes they are filed because the former spouse claims that notice or service was not proper. You definitely need to sit down with an attorney to review the motion that your ex filed. As far as bigamy goes, if you get remarried then after the marriage the motion to vacate the former divorce is granted then your second...

    4 lawyers agreed with this answer

  7. Husband is an alcholic and awaiting court date for DUI , he retired and I am not able to afford to live on my own at this time .

    Answered 12 months ago.

    1. Michael David Thomas
    2. Mark Randolph Matney
    2 lawyer answers

    I think you should consider proposing a separation agreement. I understand your concern about just simply moving out but you do need to do something. Depending on the relative incomes, you may be justified in requesting spousal support. While your name may not be on the house, if it was acquired during the marriage, it is still marital. Please consider making an appointment with an attorney to assist you planning your next step

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  8. Can separation agreement be changed and can it be incorporated into divorce settlement?

    Answered about 1 year ago.

    1. Michael David Thomas
    2. Susan Leslie Fraser
    3. Deborah Ann Johnson Wilson
    3 lawyer answers

    I would want to read the exact wording of the agreement. If it says that neither is 'seeking spousal support at this time' is one thing but if it says the parties "WAIVE " spousal that that is entire different. If your spouse WAIVED spousal support then no court is going to go back and award it to her unless she proves you used duress in getting her to agree. I suggest bringing you agreement to a local attorney like myself to look it over and possibly consider assisting you with your divorce.

    4 lawyers agreed with this answer

  9. I have just received a disorderly conduct charge and have yet to consult my court appointed attorney. What is usual procedure?

    Answered over 1 year ago.

    1. Wilfred Ward Yeargan III
    2. Michael David Thomas
    3. Thaddeus Furlong
    4. Brenton Daniel Vincenzes
    4 lawyer answers

    A couple things. First, laws do vary from state to state but don't get caught up in the name "commonwealth," that does not make any difference anymore, just a historical reference. Second, give your court appointed attorney a chance at least. It sounds like you have yet to meet him/her. Make an appointment and talk to them. You have a right to hire your own counsel but please talk to your attorney you have now. You may find out that you actually are happy with their opinion and...

    4 lawyers agreed with this answer

  10. I am separating from my husband, if I leave our home will I be putting myself at risk of losing any of my rights?

    Answered over 1 year ago.

    1. Shane Lee Jimison
    2. Michael David Thomas
    3. Cassie Lynn Baudean
    4. Paul Joseph Abraham
    4 lawyer answers

    First, - If you move out are you forfeiting your rights to the marital assets.? The answer is no. Second - Will the Court consider this abandonment? In your case, no, because you have had a serious conversation with your husband and you guys are even working on a separation agreement. Third ** MOST IMPORTANT** Custody- If you move out without your kids or without an agreement about the custody arrangement , then your rights may be affected. I am glad you guys are trying to work...

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