Archived
I was married in las Vegas but my "husband" was still married in California. Must I divorce him to be remarried to someone new?
Michael's answer
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Answered on January 22, 2019
Va. Code § 20-43. Bigamous marriages void without decree.
All marriages which are prohibited by law on account of either of the parties having a...
Archived
How can I transfer a court order in Maryland to Virginia?
Michael's answer
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Answered on January 22, 2019
File a FORM DC-582 with the local JDR court.
Archived
I was married for 4.5 years, we are currently going through a divorce. Am I entitled to spousal support and what consider in VA
Michael's answer
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Answered on January 22, 2019
There is no entitlement to spousal support in Virginia.
Spousal support is based upon the need of the recipient, the ability to pay of the...
Archived
Can I be put on child support even though I have a sign agreement with the mother and it been notarize??
Michael's answer
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Answered on January 22, 2019
The short answer is 'yes.' Parents cannot contract away a court's power to protect the best interests of children.
Also, contracts contrary to...
Can my mother in law sue me for visitation of my child if husband and I are still married?
Michael's answer
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Answered on January 22, 2019
Start at Va. Code § 20-124.2: "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court...
Archived
Is there a law that states who claims the child on taxes?
Michael's answer
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Answered on January 22, 2019
The short answer is 'yes.'
In the absence of an agreement or court order, the dependency exemption is applied per IRS regulations.
However,...
Archived
How will I know if I have to pay alimony or distribute my assets after a divorce? How and will a court enforce a prenuptial? ?
Michael's answer
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Answered on January 18, 2019
Alimony is determined by the facts as they exist at the time of determination. While your incomes may be nearly equal today, in several years, they...
Archived
Disagreement between parents on interpretation of child custody order language on afterschool visits /times, judge clarifies?
Michael's answer
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Answered on January 17, 2019
Seems pretty straight forward.
If “the father will pick up the child after school or day care . . .” then it doesn't matter what the time is....
Can I file for divorce at the same time of going thru a custody battle from my child's father?
Michael's answer
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Answered on January 17, 2019
You probably filed the custody action in the juvenile and domestic relations district court, JDR. The divorce will have to be filed in the circuit...
Archived
What are my options on Alimony Support during Government Shutdown?
Michael's answer
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Answered on January 16, 2019
I would recommend an immediate motion to suspend support obligations. If you are in Fairfax, that could probably be done on a Friday motions...
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