Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 12
  1. Can my soon to be ex-husband come by my house and walk in whenever he feels like it?

    Answered over 2 years ago.

    1. Stephanie Michelle Sauer
    2. Anneshia Miller Grant
    3. Michael David Thomas
    3 lawyer answers

    You can change the locks but as long as he has property at the residence he can just go break a window and come in. With a divorce action pending, the police will not get involved. My advice to you is work with your attorney to get a Pendente Lite hearing granting you exclusive possession of the home. I know this sounds odd because you feel the home is already yours but if the home was acquired during the marriage, the Court will consider the home marital in nature.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I am contemplating a divorce. Can we get separation agreement and maintain same household?

    Answered 10 months ago.

    1. Kellam Thomas Parks
    2. Michael David Thomas
    3. Andrew Dennis Meyer
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  3. 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 year 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

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

    Answered about 1 year 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

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

    Answered about 1 year 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

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

    Answered about 1 year 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

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

    Answered about 1 year 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

  8. 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 over 1 year 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

  9. Where can I get the homestead exemption form?

    Answered over 1 year 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

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

    Answered over 1 year 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

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