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
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.
You still need an attorney to prepare the paperwork but you might not have to go to court. It does depend on your jurisdiction. While the Code allows for depositions or affidavits that can be taken outside of court, some jurisdictions still demand a hearing albeit brief to enter your final decree.
I agree with the other responders that this story does not sound right, but please keep in mind that you are receiving your information second hand. If your sister is truly concerned about how her case is being handled then she needs to make an appointment with an attorney to discuss her case to see if she wants to consider hiring new counsel.
Section 18.2-95 states, "Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty...
When you received the complaint, you were required to respond within 21 days and when you filed your counter claim they were required to respond within 21 days. Assuming your calculation of days is correct they may be late. If this were a law school exam question, then yes you may have an argument to make to be award a default judgment; HOWEVER, in reality, you will NOT be awarded a default judgment. You will not be about to any order or Final Decree entered without the other attorney...
Sounds like you need a will, I commonly put language about appointing a guardian for a child, but please keep in mind this transfers your authority to them. The father can always come back and petition for custody.
If she is in fear of harm and he was performed some physical toward fulfilling that threat of harm, then she should go to her local magistrate or sheriff's office and request a protective order against him. She will not be able to 'evict' him. She doesn't even own the property herself. Now, if he has committed acts of physical abuse, she could file for divorce on those grounds and then request the Court to enter an order giving her exclusive possession of the home.
Has anyone even filed for divorce yet? Are there any orders in place? Was the marital residence acquired during the marriage? does it have your name on it? These questions will make a huge difference as to whether you can go back to the marital residence. The fact that your belongings are there does help your case. You can enter a residence to retrieve property, but you want to stay there. Please consult with an attorney as soon as possible
This should be dealt with in the context of the divorce. In a situation of $0 equity and her name not on the the Deed of Trust (the mortgage), I would hope she would agree to do a deed of gift over to you. However, many time people are not so pleasant. So the Court will order the house to be sold which in your case in this market will likely create a loss. So you both will have to pay 1/2 half of the deficiency. You definitely need to consult with a divorce attorney in your area.