Archived
Does the biological father of a 21 year old, special needs son have any financial responsibility?
Michael's answer
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Answered on June 22, 2012
"The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically...
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Archived
Summer visitation dates were not provided by the court-ordered date of May 15. Do we have to honor the selected dates?
Michael's answer
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Answered on June 21, 2012
It depends on the language in the order. Was timely designation a precondition to having visitation? Or, was it simply a way to deconflict...
Archived
Where can I file for divorce?
Michael's answer
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Answered on June 21, 2012
There are several jurisdictional thresholds to cross.
First, what court can one of you file in? That is based on each party's residency and...
My ex husband is using the same lawyer in a custody case that he used for our divorce. Is that a conflict of interest in va?
Michael's answer
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Answered on June 20, 2012
It is a fairly common practice, and economical for the party, for the same attorney who did the divorce to continue representing the same party in...
Archived
Loss of job / Change of circumstance
Michael's answer
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Answered on June 19, 2012
No. If one lost his or her employment due to misconduct such as embezzlement, then the court would likely not modify support. Likewise, if one lost...
Archived
I'm in the military, stationed in VA. Want to adopt stepson. Father has already given verbal consent. Where do I start?
Michael's answer
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Answered on June 15, 2012
The process would be a step-parent adoption. With the father's consent, it is essentially a paperwork drill. The expenses are just over $100 for...
Archived
Do I have to file divorce papers before I am considered separated for a year?
Michael's answer
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Answered on June 08, 2012
You are separated when you live separate and apart from your spouse with the intention that the separation be permanent.
You then have to...
WIll my former spouse receive the entire 55% of my military SBP should I die?
Michael's answer
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Answered on June 07, 2012
Odds are she will get 55% of your full benefit.
Unless the beneficiary spouse executes a waiver for no or reduced SBP coverage, it is the full...
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Archived
Is a separation agreement valid after signing a postnuptial agreement? If so, why? If not, why?
Michael's answer
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Answered on June 05, 2012
Va. Code § 20-155 states in part "A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate...
Archived
Does this mean the dad HAS to pick up and drop off? and has to have child back by monday morning ?
Michael's answer
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Answered on May 31, 2012
Based upon your submission, transportation is not addressed. You confirm the times. Visitation runs Friday to Monday. It says nothing about travel...
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