I have been divorced for more than 4 months in the state of Virginia. Two days before I remarried, my Ex files a motion to vacate. If I get remarried and the motion gets approved, will I be charged with bigamy? How likely will a motion to vacat...
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 marriage is called "voidable" NOT "void" . Long story short, all this will be cured when the issues on the motion to vacate are resolved and the divorce re-instated. NO BIGAMY... NOW if the motion the vacate is granted prior to your second marriage then that second marriage would be void and I would have to advise you to wait to conduct your marriage ceremonySee question
This past weekend I received an open container ticket (as a passenger). I was also just hired as a teacher. Will my current employer be notified of this ticket? Is this a criminal offense? Should I tell my employer?
I am puzzled by your inquiry.
§ 18.2-323.1. States that " It shall be unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of this Commonwealth. " but if you were not operating the vehicle. then I am curious as to what they actually charges you with.
I think you may want to consider scheduling an appointment with a local attorney to discuss your case further. If you are found guilty this offense is a criminal offense, it is a class 4 misdemeanor which is like a $250 fine. Your employer could find out this is a public record. Now the Court's will not mail anything to your employer but again.. if your employer does any sort of back ground check they would see this charge.See question
My ex and I are currently going through a separation. She decided to take our two children up to Vermont with her for the summer. She did not properly notify me 30 days before she left. The day before she left, I presented her with a note that ...
It sounds like you need to hire an attorney ASAP to file for custody. At present the proper jurisdiction would be VA but if they continue to reside up there and you do nothing she might be able to establish jurisdiction up there. So definitely need to address this issue now in the local Juvenile and Domestic Relations Court. Now as far as the paper goes, I believe that will be evidence you can use to show that she acknowledged that the children resided here with you and her transportation to Vermont was only to be temporary. The paper is NOT an legally binding ORDER but it is evidence that would aid you in getting an order. Now, having said all that you do have some obstacles to face. I have assisted fathers when the mothers run off with the kids and dealing with other states can be difficult. If you spouse refuses to return the kids, then after you have a custody order her in VA you may have to travel to Vermont and request a PICK UP ORDER to give the local sheriff authority to physically assist you in securing your children. Some states are more cooperative than others but I have not dealt with Vermont before.
Regardless hire an attorney NOW to start the process.See question
No attorney. Just got a 1 yr protective order for family abuse against the father.. Child is 13. Wants mom to have full custody.
I am a little confused as to which party you are. You mention that you have recently been granted a protective order "against the father" which would lead me to think that you are the mother, but then your say "wants mom to have full custody"... The answer to your initial question of what needs to be in a motion depends heavily on who you are and what your goals are. So if you are the mother who was awarded the protective order then you will likely focus on the protective order in your motion to amend. If you are the father, then you likely want to focus on something else other than the fact that a protective order was just placed against you. If you are a grandparent, then there several factors that we need to consider before you file a motion to amend and you really need an attorney first.
On any motion to amend you must tell the Court what you want to change and the change in circumstances that have arisen that merit this change. The court's website have excellent forms that can be filled out on-line to help you. www.courts.state.va.us. However, However, However.... please consider meeting with an attorney to help you. While completing a form is an easy task, fight for your child is something that you should not take lightly and an experienced family law attorney is an invaluable assets if you are serious about pursuing the best interests of your child.See question
I filed for a divorce on 01/06/14. My spouse is in another state and claims she did not receive anything. She says that she has sent me paperwork but I have not received any paperwork. What can I do to get my divorce.
Your issue appears to deal with service. Many times in divorce actions when parties have nothing to fight over we will merely send the spouse a Waiver to endorse and return to allow the case to proceed. Now if the spouse does not sign this document then you have to formally serve them. This means paying a process server or the local sheriff to deliver the paperwork to her. You will definitely need an attorney to help you with this because you will have to have the Court paper the Service of Process/ Summons then provide that to the process server. The process server will then deliver this to your spouse and this process server will prepare an Affidavit that he did in fact serve them. This starts the 21 day period that your spouse has to respond to your allegations. At the conclusion of this time if your spouse has not responded then you may proceed on your divorce without them.
Again, you really need an attorney to help you.See question
We have been marriage 30 years he started paying my insurance after I was laid off 9 years ago. Within that time span he became disable and retired. My insurance is through his retirement if we divorce I will be dropped. I need insurance and I a...
Upon the entry of the Final Decree, he can drop you from his insurance. So much like the other responder I am curious as to the status of your divorce proceedings? If you don't have an attorney, please consider consulting with an attorney as soon as possible.See question
I'm 27 and my husband 55. We are pretty much done with each other. I can no longer except the verbal abuse, lack of love/passion, financial hold and anger etc. He makes 45k, he has a rental property income, and I only make 15k. I want to leave, I ...
I am sorry to hear all that you are going through and I think would be wise for you to make an appointment with a local Family Law Attorney to discuss your options. Of course, I understand you desire to leave but before you do, I think it would be wise to have a plan which would likely entail attempting to propose some sort of separation agreement. Based on the disparity in income, you may be entitled to spousal support and you may have certain valuable interest in his real estate holdings. In addition, by you having or proposing a separation agreement you have some measure clarity on the situation. You come into the conversation with an idea of this is what you need/ want. He may agreed, disagree or propose some counter-offer. Regardless, the situation is moving forward and in this process you can advise him that you are leaving on whatever date. This avoids any abandonment claims. Once you have left the marital residence, if he has not agreed to pay support then you can file for spousal support to assist you until you have been separate and apart for the statutory time.
Bottom-line, go have a sit down meeting with an attorney to help get your through this.See question
Married almost 2 years; no children involved; I do not expect this to be contested; what's his is his; what's mine is mine, although there is a house involved with the loan in my name and I don't want my credit rating jeopardized, leaving the hou...
As the previous responder mentioned, you have prepare and enter into a separation agreement while you are under the same roof, and the court will require some 3rd party verification. However, at some point someone needs to go. Part of your agreement should be to deal with the house, specifically someone is moving out, someone is refinancing, or possible selling the house. So my question would be how do we best guide toward you goal of the ultimate divorce and this include getting somebody out.See question
my son is not in his daughters life she is 6 months old he sees her maybe 3 times a month. My husband and I have had her every weekend since birth and any days I'm off we pay the mother 250 a month buy ALL DIAPERS, WIPES AND CLOTHES she receiv...
The short answer is yes you can file to request visitation or even custody, but it is extremely hard to win over an objecting parent. I have been successful in representing grandparents, I have even won custody in one case (that is one case in 10 years of practice) but it is a long hard road. You must show you that you have an existing relationship with the child separate from your son and that relationship would be harmed should the Court NOT give you visitation. This is very difficult to show. The parents outrank a grandparent and so you must show that despite there objection it is in the best interest of the child that your visitation be preserved. I realized she has had Past convictions of child endangerment but that was in the past. Is the child being harmed right now? I know and believe you when you say how much you love your grandchild and please do not take anything I am saying as lessening this. I am merely presenting that case will not be easy but I would enjoy an opportunity to discuss this further. Much of my practice in the Newport News area.See question
My child's father has temporary custody of our four year old. While in the relationship I struggled with alcohol abuse for a period of time. I have since gotten sober yet he and his attorney still paint me as an unfit alcoholic to the court. I wan...
The longer you have been sober the better your argument. I am not sure from your question what visitation you have been granted. You mention one day a week but I am unclear as to whether you were granted overnights. Assuming your reference is that you have one day visits per weed and no overnights, I would suggest your goal would be to work toward having every other entire weekend schedule. Then maybe work on extending that to include some week day evening visits. The way you do this is with hard work. Attend your AA meetings, earn those chips, and develop a good relationship with your sponsor. The longer you remain sober the weaker the argument is that your are an unfit parent. Get active in some community activity like going to church. Have well respected people vouch for you. Again this will take time. I am not sure how long ago this last order was entered but you should probably start meeting with attorneys now so you can find one that you feel most comfortable with. You want at attorney you can work with for the YEARS to come. this is not a situation of going in to file a quick motion to amend and all your problems are fixed. This is going to take a while to undue the damage created by the past but with hard work and your diligence you can work to getting a more standard visitation schedule.See question