Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 12
  1. WIll I go to jail for reckless driving?

    Answered 8 months ago.

    1. Michael David Thomas
    2. Kevin Reese Pettrey
    3. Peter John Louie
    4. Jennifer Raimo
    5. Jonathan L Katz
    6. ···
    6 lawyer answers

    A charge of Reckless Driving is a class one misdemeanor that can carry up to 12 months in jail and up to a $2500 fine.. But realistically I do not believe in your situation jail time or a large fine is likely. Accidents do happen and I would agree that improper driving is more fitting to your crime. I think it wise that you acquire a copy of your driving history and meet with an attorney to retain them to assist you with this charge.

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  2. Have a separation agreement. Then filed a chapt 13 individually. Can I file for divorce during the chapter 13 in Virginia?

    Answered about 1 year ago.

    1. Michael David Thomas
    2. Robert Ross Weed
    3. Robert J Adams Jr.
    3 lawyer answers

    Yes you can file a divorce while you are in a Chapter 13. I hope you provided your separation agreement to your bankruptcy attorney especially if there any spousal support payments agreed to or if any property was divided. As you shop around for divorce attorneys, please make sure they file bankruptcies as well so that they will understand both area that affect you.

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  3. If I file for divorce based on fault grounds (wife smokes pot while caring for child), does my reason have to be approved?

    Answered about 1 year ago.

    1. Michael David Thomas
    2. Kevin Reese Pettrey
    3. Cassie Lynn Baudean
    4. Peggy Margaret Raddatz
    4 lawyer answers

    I think you may be confusing issues of custody and divorce. If you are no longer living with your wife then you can file at any time to have the court determine custody. You cannot file for divorce on the grounds that your wife smokes marijuana, that simply is not a basis. You can file for divorce based on adultery, abused or having lived separate and apart in excess of one year but not drug use alone. So back to what is really at issue. You feel your child is at risk. If there is no...

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  4. For in-house separation in Virginia, can teenage children corroborate that parents are living separately?

    Answered 11 months ago.

    1. Michael David Thomas
    2. Deborah Nelson Arthur
    2 lawyer answers

    VA does allow for a "in-house" separation but you need a witness to the separation. For a corroborating witness in a divorce proceeding, that witness needs to be over the age of 18. I know you want to keep things private but without corroboration you will not be successful. Ultimately though, you really need to consider someone moving out. If you and your spouse are serious about getting a divorce, then there needs to be a plan of moving forward with your SEPARATE lives. I realize the...

    6 lawyers agreed with this answer

  5. Is Divorce the answer?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Michael David Thomas
    3. Andrew Russell Page
    4. Rixon Charles Rafter III
    5. Scheherazade B Rastegar-Djavahery
    5 lawyer answers

    Is Divorce the answer??? Well, you really have not formed a question yet. Do you want a Divorce or does your wife? Do you qualify for a divorce? This too is a better question. At present, it sounds as though you are separate but it is unclear as to whether there has been an expressed intent for this to be a permanent separation and you have not yet been separated for one year. So you likely do not qualify yet, but you should use this time to make an appointment to speak with an attorney to...

    6 lawyers agreed with this answer

  6. Is it possible to void a Prenuptial agreement because of infidelity

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Michael David Thomas
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    No, the prenup is not invalid. The fact of him cheating just gives you grounds to file the divorce. I would like to see what you agree to in the prenup to better advise you as to what to do. However, I suspect you merely agreed to how would divide your property should you separate, and not put any sort of clause in the agreement as to what would happen should one party commit adultery. So, sounds like you will be bound by the agreement, but I would like a chance to look at your agreement.

    6 lawyers agreed with this answer

  7. Would a public defender be good or should we find a defense lawyer with his/her own practice. what possible outcome could result

    Answered about 2 years ago.

    1. Michael David Thomas
    2. James Stanton Abrenio
    3. John Leif Fossum
    4. Susan Elizabeth Philbrick Allen
    4 lawyer answers

    There is this myth of Court appointed or public defenders, that they are somehow less than good. Please understand that many of the best criminal defense attorneys are on the court-appointed list. So do not let that be your basis. If your son qualifies for a public defender or court appointed counsel, then great, go meet with that attorney, and then schedule an appoint to meet other attorneys in the area. If you feel comfortable with the public defender then great, if not then hire the...

    6 lawyers agreed with this answer

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

    Answered 9 months ago.

    1. Michael David Thomas
    2. Clayton Andrew Worthington
    3. Kevin Reese Pettrey
    3 lawyer answers

    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...

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  9. Not a citizen. Lived in Virginia for 7 years. May I file for divorce?

    Answered over 1 year ago.

    1. David Michael Mccormick
    2. Alexander Joseph Segal
    3. Anu Gupta
    4. Michael David Thomas
    5. Anneshia Miller Grant
    6. ···
    7 lawyer answers

    You may have citizenship in another country but you have live here for at least 6 months, so you are fine

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I am in the military -- my husband left me -- do I have to pay him until the divorce is filed and completed.

    Answered over 1 year ago.

    1. Anneshia Miller Grant
    2. Michael David Thomas
    3. Rixon Charles Rafter III
    4. Peggy Margaret Raddatz
    4 lawyer answers

    While I partially agree with the other responders with regard to "pay him what", I do realized that many times the military may be making you pay him a portion of your BAH based on what you are receiving for having a spouse. There are many more questions than answers here, so you really need to meet with an attorney to assist you.

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