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Michael David Thomas
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Michael Thomas’s Answers

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  • I live in Virginia. My husband is being unfaithful and I am wondering what I need to do.

    Since we have been married, we have purchased a house which he is the only one on the deed. I only work part-time and college full time and him full time a full time job. What would I get in a divorce.

    Michael’s Answer

    It is hard to say "what you would get in divorce" without a great deal more information. Based on what you have stated, you both acquired a home together so that would be marital and this means that you would divide any Equity that may exist. In today's economy that might not be much.

    You also refer to you working and being a college student. I think what you are trying to ask if you would be entitled to spousal support and I am sorry to say there is simply not enough information here to determine that. We would need to look at some hard numbers of your and his income and even then the Court may determine what "need" you may or may not have. I would need a much more in depth consultation with you to give you a better answer here.

    There is so much else you need to consider too. How long were you guys together? Has either of you vacated the home? If so when? Do you have an debts together? do you hard evidence of any adultery?

    I really suggest you scheduled an appointment to meet with an attorney to discuss this as soon as possible.

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

    My husband stated that he no longer wants to be married to me. The reason being that I've said hurtful & disrespectful things to him in the past. He said that the way I've spoken to him & the things I've said showed him that I couldn't possible l...

    Michael’s Answer

    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).

    Now having said that, let's not forget that you guys are still married and his relationship with another person may constitute adultery (if you can prove it). Adultery is one ground that if proven, does not required a separation period. You could, in theory, file now. However, my best advice to you is to sit down with an attorney to begin negotiating a separation agreement.

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  • My son plea guilty to a fire gun possession in a deal they give him what's next

    If he got a deal can the judge order a presentence investigation

    Michael’s Answer

    The short answer is yes. A judge can order a presentence investigation. Unless the sentence is formally agreed to in the written plea agreement, the Court will order a presentence report to be prepared for the sentencing hearing. This report will include a recommendation based on the sentencing guidelines, then your son's attorney and the Commonwealth Attorney will argue about what the exact sentence should be.

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

    I had a bottle Mocha (Starbucks) and had severe gastroenteritis as the bottle had gone bad much ahead of its expiry date. Another sealed bottle of the same lot lying with me has developed thick lumps in a transparent liquid. Company has apologiz...

    Michael’s Answer

    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.

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  • My husband and his ex wife bought a timeshare while married. She won't buy his half or sign so they can sell and split the $.

    My husband and his ex wife bought a timeshare while they were married. It is a Joint Tenant with Survivorship. He doesn't want to keep the timeshare co-owned with her. She refuses to buy his half and she refuses to sign so they can sell and spl...

    Michael’s Answer

    Unfortunately this is what a divorce if for. To determine and / or divide marital property when the parties cannot agree. I am assuming they are not yet divorced.

    So he really needs to consider retaining counsel to determine the equitable distribution issue in the context of their divorce.

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  • Can I ask for sole custody after previous case was dismissed and NCP will not visit or give any contact info?

    I used to have joint custody, physical custody of my 3 year old. Case was dismissed when i asked for it to be continued because i couldn't take off work one day due to shortage of staff. Now we are starting over for custody. I want to ask for sole...

    Michael’s Answer

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    I would not advise being so concerned about "sole" custody. The real issue is always who has primary physical custody, because even with joint legal custody or sole custody, the court will still require both of you to provide each other changes to your address and will want you both to discuss major issues in the child's life. More importantly even if you have "sole" custody, he may still request visitation.

    What I really think you are trying to say is that you want to limit his visitation. So, definitely re-file to establish yourself as the primary custodian but make him file if he wants visitation. The Court will only hear what is before it, so if you file to determine custody only and he has not filed to request visitation... then he gets nothing, unless of course you agree otherwise.

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  • Divorce was just finalized. Whar are my options in paying without wage reduction?

    Have money in retirement accounts to set up some type of plan to pay child support.

    Michael’s Answer

    The custodial parent may still at anytime request a payroll deduction via DCSE. So you cant really stop this. So long as the custodial parent is happy with you paying directly that is great but you cant prevent the possibility of a payroll deduction

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  • Would my wife be held responsible for replacing my personal items during/after a divorce?

    I've been living in Virginia since August 12th of this year. My wife is in Georgia where we lived. I was dealing with family matters before I could return to get my personal belongings. When I last asked, I was told all of my things were thrown aw...

    Michael’s Answer

    Actually you need to address this to Georgia Attorney. Because you last lived together in Georgia then that is the proper venue to have this matter heard. So, I am not sure what Georgia law dictates, but if this were a Virginia matter, the courts would likely conclude that she is committing marital waste and have to compensate you for the loss

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  • When does child support stop in virginia when my son is already drawing a disability check each month?

    my son is 17 and a junior in high school so when does child support stop and my son draws a disability check each month

    Michael’s Answer

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    Child support can terminate when the child is 18 and has graduated high school or when he turns 19 whichever occurs first. But I must stress the work CAN. Someone has to file to terminate the support or else it will continue. The Courts will not check back with you next year to see if your child graduated high school.

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  • Joint custody with my mother having physical custody. My mother is willing to give custody back.

    My mother has physical custody of my 11 year old daughter and 10 year old son living in FL. She wants to relinquish physical custody of my daughter to my wife and I. Are there any legal hurdles we need to go through?

    Michael’s Answer

    The other responder is correct that a motion to amend is needed but when the parties are in agreement that itself is the material change in circumstances. You definitely need an attorney to assist you. From doing enough cases in Virginia Beach, I can safely tell you that you will need an attorney to assist you. Typically what I do when there is an agreement is proceed to draft the agreement up and have the parties sign that so I can submit then new agreement with the Motion to amend.

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