Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 12
  1. I have been separated from my husband for eight years and I would like a legal divorce. We were married in Georgia.I live in VA.

    Answered about 1 year ago.

    1. Anneshia Miller Grant
    2. Michael David Thomas
    3. Rixon Charles Rafter III
    4. Andrei Kublan
    4 lawyer answers

    I would also like to know where you last lived together. The proper venue for a divorce is where the parties last cohabited or where the defendant resides. Where you were married really does not matter. So if you have lived here for the past 6 months, you may file in VA but be advised that should he object to the proceeding he could move them out of state. Of course this begs the issue of whether he will know. You are required to attempt due diligence in locating him and attempting service;...

    4 lawyers agreed with this answer

  2. I have just been awarded full custody of my 12 year old son. Can I have child support revisited?

    Answered about 1 year ago.

    1. Anneshia Miller Grant
    2. Ryan Michael Schmalzle
    3. Michael David Thomas
    3 lawyer answers

    The likely reason that support was not addressed was probably that fact no one asked the Court to revisit support. If you want support, you gotta ask for it. HOWEVER, you should meet with a local family attorney first to consider what your child support may be. It sounds as though you have a split custody arrangement and before you do something that makes things worse for you, you may want an attorney to run the guidelines for you to see if it is worth your time

    4 lawyers agreed with this answer

  3. I am not legally separated. My husband moved to another state. However, he has still not changed his address.

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Michael David Thomas
    2 lawyer answers

    First, it sounds like you ARE legally separated. You do not live together anymore and if this has been going on for more than a year. Why don't you initiate the divorce proceeding?? Second on the mail issue, I agree with the other responder. Do not open the mail and just keep marking it return to sender.

    4 lawyers agreed with this answer

  4. If I purchase a new vehicle while seperated does that become marital property?

    Answered over 1 year ago.

    1. Michael David Thomas
    2. Kevin Duane Frank
    2 lawyer answers

    Not necessarily. If after being separate and apart, you purchase a vehicle with your own money. You don't trade in a marital vehicle... you joint bank account money.... cash in some joint asset. Then this vehicle would not be marital. Be careful and since you are close to the one year mark, make an appointment to see an attorney to file your divorce

    4 lawyers agreed with this answer

  5. I'm curious as to the statute of limitations for madison county virginia for filing a civil suit for personal injury

    Answered about 2 years ago.

    1. David W. Terry
    2. Michael David Thomas
    3. Yvonne Theus Griffin
    4. David J. McCormick
    5. Robert Don Fink
    5 lawyer answers

    Your father has 2 years to bring that cause of action, but if you are trying to sue the police that standard is really high. It is not just negligence if they were acting in the course of their job. You must prove gross negligence. This may sound like I am being technical but it really is important you speak to a personal injury attorney like me as soon as possible.

    4 lawyers agreed with this answer

  6. In our divorce I agreed to Joint legal myself having primary Physical. Our daughter is 4 & has alot of health issues ,

    Answered about 1 year ago.

    1. Michael David Thomas
    2. Anneshia Miller Grant
    3. Andrei Kublan
    4. Keith G Langer
    4 lawyer answers

    If your present order is Joint legal with primary physical awarded to you, then there is nothing to fight about. You cannot deny access to medical records and you should NOTIFY of any major medical procedures but you DO NOT need his permission. The myth of sole vs. joint custody. The case law has really narrowed these differences. You are not really getting more power with sole custody. The fight is always primary physical, which you have. You are the custodial parent. Period.

    Selected as best answer

  7. Do I have to get my spouse to sign the Final Decree of Divorce?

    Answered 11 months ago.

    1. Kevin Reese Pettrey
    2. Michael David Thomas
    3. Eric P. Pitsch
    4. Estela Matta
    4 lawyer answers

    Her signature is not required but you must prepare the Final Decree, the appropriate affidavits or depositions to the support the final decree, VS-4 form, the confidential addendum ... in other words, you have to get an attorney to help you. you cannot do this alone. Please consult with an attorney to help you wrap your case up

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I would like to get advice on a child custody and visitation case. my sperm donor took me to court after 6yrs of disappearing

    Answered 12 months ago.

    1. Michael David Thomas
    2. Rixon Charles Rafter III
    3. Lee Alan Thompson
    3 lawyer answers

    It sounds as though that you have recently had the preliminary hearing on custody. this is a rather short rushed hearing, where typically the Court merely appoints a Guardian Ad Litem for your child and sets a trial date. So don't be alarmed yet that the Court did not give you an opportunity to tell all of your side. So, when is the next court date, which I expect to be the full trial?? I do suggest hiring an attorney to help represent your side to the court. HOWEVER, I would point out...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. If my daughters moms husband has drug charges that were nolle pros, can I talk about that in court?

    Answered over 1 year ago.

    1. Michael David Thomas
    1 lawyer answer

    So let's try to clear this up a bit. The mother of your child is now married. Her new husband was arrested on drug charges, but they were dropped; however is being held on other charges?? Can you talk about these charges at court? Well, yes and no. He was not convicted but I guarantee that any GAL appointed to a pending custody matter will be looking into those charges. That of course, depends on whether the mother is so bold as to file to amend custody. You have sole custody so she must...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How do Judges respond to live ins and roommates when there are small children in the household?

    Answered about 2 years ago.

    1. Michael David Thomas
    1 lawyer answer

    First, the live-in roommate: Typically, you should see the language " no members of the opposite sex that are not related by blood or marriage shall stay overnight." But with your order it sounds you must prove a relationship; however, I can tell that at least where I practice Judges do not like the live in roommate. So you may have sufficient change in circumstance to warrant taking this back to court to amend custody/visitation. Second, First refusal: This presumes cooperation of both...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

757-224-7023