Michael David Thomas’s Answers

Michael David Thomas

Hampton Divorce / Separation Lawyer.

Contributor Level 12
  1. How do you get a marriage annoled from only being married a month and a half

    Answered about 1 year 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

  2. Can I live with opposite sex while separated

    Answered about 1 year 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

  3. Will we have to go to court even if we agree on everything?

    Answered about 1 year ago.

    1. Victoria Lee Allen
    2. Michael David Thomas
    3. Kevin Duane Frank
    4. Andrei Kublan
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  4. My sister file for a divorce all most 6 years ago and her lawyer have not provided her the divorce decree as of yet.

    Answered about 1 year ago.

    1. Rixon Charles Rafter III
    2. Anneshia Miller Grant
    3. David Michael Mccormick
    4. Michael David Thomas
    5. Reid A Seino
    5 lawyer answers

    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.

    3 lawyers agreed with this answer

  5. Possession of Stolen Property over $200. how much jail time, if any, could he get?

    Answered about 1 year ago.

    1. Rixon Charles Rafter III
    2. James Donald Garrett
    3. Michael David Thomas
    4. Patrick Michael Lawrence Blanch
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

  6. I filed an answer and counter complaint in divorce, he was served as was his attorney, neither responded.

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Victoria Lee Allen
    3. Michael David Thomas
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  7. What legal papers do I need to prepare to ensure that my parents have full access to my daughter & my property, in case I die?

    Answered over 1 year ago.

    1. Michael David Thomas
    2. Deborah Ann Johnson Wilson
    2 lawyer answers

    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.

    3 lawyers agreed with this answer

  8. Can a wife change the locks on a house that she rents in her name so that the husband cannot enter?

    Answered over 1 year ago.

    1. Anneshia Miller Grant
    2. Michael David Thomas
    3. Victoria Lee Allen
    4. Alan James Brinkmeier
    5. Andrew Endicott Schrafel
    5 lawyer answers

    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.

    3 lawyers agreed with this answer

  9. My wife wants a divorce and ask me to leave can she change the locks

    Answered over 1 year ago.

    1. Michael David Thomas
    2. Scheherazade B Rastegar-Djavahery
    3. John Henkel Kitzmann
    3 lawyer answers

    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

    3 lawyers agreed with this answer

  10. Can I sue my spouse to get her name of the deed to a home?

    Answered almost 2 years ago.

    1. Michael David Thomas
    2. Chad L. Edwards
    2 lawyer answers

    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.

    3 lawyers agreed with this answer