Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 11
  1. Would being a pothead be enough reason for a judge to grant full custody to other parent as well as supervised visitation?

    Answered about 1 month ago.

    1. Michael David Thomas
    2. Alan Sanders Richard
    3. Alan James Brinkmeier
    3 lawyer answers

    Did he file requesting visitation or custody? Based on the age of the child and your comments, I am assuming the child resides with you and you are the primary custodial parent. So the real issue is what visitation would the father have. The Court will likely give him visitation but it might not be supervised. Drug use alone will not demand supervised visitation. A better argument would be that he is absent as a father and has no relationship and therefore initially visitation would need...

    3 lawyers agreed with this answer

  2. Do I have to pay half of a flight ticket?

    Answered about 1 month ago.

    1. Michael David Thomas
    2. Susan Leslie Fraser
    3. Kevin Reese Pettrey
    3 lawyer answers

    what does your court order say about transportation? Many times the Courts will rule on how the transportation costs shall be carried out, sometimes they don't. Absent any such language, there is no mandate for you to pay half of the plane tickets. Many times the Court will order that if a parent relocate it is there responsibility for the air fare for their visitation. I think we need to sit down and look at your current order to see what are your obligations. Many times relocations will...

    3 lawyers agreed with this answer

  3. Is the husband entitled to any ownership of the home if the wife saves the home?

    Answered about 1 month ago.

    1. Susan Leslie Fraser
    2. Michael David Thomas
    3. Robert Ross Weed
    4. Carl Jerome Teel Jr
    5. Dorothy G Bunce
    5 lawyer answers

    The House will be considered marital in nature so he will have an interest in the equity in the home. So the real question here is, does your house have any equity? I suggest you sit down with a local attorney like myself that handles both divorce and bankruptcy to see what your interests are and you might want to protect them.

    3 lawyers agreed with this answer

  4. After 7 years of marriage my husband wants a separation and divorce. Can you please help me to prepare? What should I expect?

    Answered 2 months ago.

    1. Michael David Thomas
    2. Kevin Reese Pettrey
    2 lawyer answers

    Well, while I do applaud your desire to working things out, if he wants a divorce and he is now cheating on you, it sounds like the divorce is inevitable. So the initial question is, has either one of you moved out or in some way established yourselves as separate and apart. This is the first step. Virginia requires a period of separation prior to granting a final decree of divorce. This separation period is for one year or for 6 months (if you have no kids and have a property agreement)....

    3 lawyers agreed with this answer

  5. If medical expenses are born by my employers, how do I file personal injury claim from a beverage company for damages? Victor

    Answered 3 months ago.

    1. Benjamin Martin Andrews
    2. Michael David Thomas
    3. Joshua Samuel Berman
    4. Jamie Lynn Karek
    5. Richard Todd Rosenstein
    6. ···
    7 lawyer answers

    You should really consider hiring an attorney to assist you before handing over your medical records. Your medical expenses may have been covered by your own insurance but does not stop you from using those expenses as part of the basis of your claim. The company or their insurance want your medical bills in order to make you an offer to settle. I strongly advise you to not enter this negotiation without assistance and please do not merely sign a release for them to get your records.

    3 lawyers agreed with this answer

  6. Try to get a divorce , separated for a year and half, no house no financial issue but have a child not from my husband

    Answered 4 months ago.

    1. Clayton Andrew Worthington
    2. Michael David Thomas
    2 lawyer answers

    It sounds like there are a couple issues here. First, the divorce. the child is "of the marriage" but not "of the parties." So you have to state that there is a child but it sounds like you are not attempting to acquire child support from your husband anyway. So you need to hire an attorney to file your divorce. After your divorce, since it sounds like the biological father did not sign an acknowledgement of paternity, I would suggest getting a custody order thereby creating a legal...

    3 lawyers agreed with this answer

  7. Where can I get the homestead exemption form?

    Answered 6 months ago.

    1. Daniel Mark Press
    2. Michael David Thomas
    3. JohnPaul Callan
    3 lawyer answers

    Your bankruptcy attorney would prepare that for you. If you have not hired a bankruptcy attorney, you need to immediately. Homesteads are time sensitive. There is a deadline. If you do not file your by 5 days after your 341 meeting, you will lose that protection.

    3 lawyers agreed with this answer

  8. I have been in the military for 6 months This past May 28th I got married in Augusta Georgia

    Answered 9 months ago.

    1. Michael David Thomas
    2. Anneshia Miller Grant
    3. Andrei Kublan
    3 lawyer answers

    As the other responder stated, you must have some legal basis to file for an annulment, so we are looking at you getting a divorce. Virginia will allow you to file here and consider you domiciled here, if you are stationed here. this will get you around the 6 month residence issue. You still have the one year separation issue. In VA, you must be separate and apart for one year prior to be granted a divorce. There is an exception that allows for a divorce after only 6 months of...

    3 lawyers agreed with this answer

  9. How do you get a marriage annoled from only being married a month and a half

    Answered 9 months ago.

    1. Shane Lee Jimison
    2. Michael David Thomas
    3. Cassie Lynn Baudean
    4. Anneshia Miller Grant
    5. Peggy Margaret Raddatz
    5 lawyer answers

    What you are talking about is requesting an annulment based on fraud, but you really have a tough case to prove. While you believe that is why he left you that is not enough. So realistically you will probably be looking at getting a divorce Oh, and there is actually a time window here. If you do not request an annulment within 2 years regardless of reason, then you cannot request one

    3 lawyers agreed with this answer

  10. Can I live with opposite sex while separated

    Answered 9 months ago.

    1. Michael David Thomas
    2. Stephen Joseph Cipolla
    3. Peggy Margaret Raddatz
    3 lawyer answers

    You should not live with someone when you are not even divorced from your husband. This may affect the outcome of any custody fight. Even if this is post separation adultery, my experience is that Courts are not a big fan of members of the opposite sex staying overnight. so you really need to speak with an attorney as soon as possible to attempt to address these issues.

    3 lawyers agreed with this answer