Archived
My 15 yr old wants to live with her unstable dad in WV. I object. A Motion to change the existing order has to be made, right?
Michael's answer
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Answered on July 28, 2011
The general rule is that it takes an order to change an order. If you have an order of custody, it would take a later order to change the earlier...
Archived
If a home is purchased during the marriage in only one of the spouses name are both parties still responsible for the property?
Michael's answer
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Answered on July 25, 2011
The answer to your question can likely be addressed by the loan document to purchase the house. The loan document is a contract between the...
Archived
Once child custody has been determined in Virginia, how long must I wait to refile, & what is a change in circumstance?
Michael's answer
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Answered on July 25, 2011
A material change of circumstance is a new fact or circumstance that has arisen since the last order or agreement that would change the outcome of...
Archived
I got a warrant for my arrest thru the mail after I got served with and EPO
Michael's answer
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Answered on July 19, 2011
You should have received a summons for your hearing and the summons should state the code section you are charged wth. It is most likely Va. Code...
Can you add more witnesses after the pretrial?
Michael's answer
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Answered on July 18, 2011
The first place to check would be the scheduling order. Some orders state that exhibits or witnesses that were not timely identified will not be...
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Archived
Can you file an emergency change in custody if the child's health is being ignored?
Michael's answer
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Answered on July 18, 2011
I agree that this may not constitute an emergency. It did not happen overnight and will be cured overnight.
One of the best interests of the...
Archived
What's the easiest/ fastest way to get a divorce in Virginia?
Michael's answer
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Answered on July 14, 2011
Ask your local circuit court clerk if the court has a pro se divorce packet.
The fastest way to get a divorce is to file for divorce only, i.e.,...
Archived
Is there a way to not divorce when one spouse wants to?
Michael's answer
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Answered on July 11, 2011
One place to start is Hooker v. Hooker, 215 Va. 415, 211 S.E.2d 34 (Va., 1975). "Where both parties are mentally competent, as in the present case,...
Archived
Moving out of VA
Michael's answer
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Answered on July 11, 2011
You can move anywhere you want provided you are prepared for the consequences that relocation may have on your visitation.
Va. Code 20-124.5...
Archived
Is this considered marital property to be divided?
Michael's answer
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Answered on July 11, 2011
Va. Code 20-107.3(A)(2) says, in part, "Marital property is . . . (iii) all other property acquired by each party during the marriage which is not...
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