Archived
My fiance demand that I cancel the Life estate that I set up for my Ex wife and son's safety as part of our divorce settlement.
Mary's answer
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Answered on February 20, 2010
If part of the divorce order gave your former spouse a life estate in real estate, you cannot just eliminate it unless there is some provision in...
What happens if parent does not show up for custody hearing?
Mary's answer
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Answered on February 20, 2010
The other party has the right to notice of the custody hearing. It is their choice whether or not they choose to appear. The hearing can take place...
Archived
Overnight Visitation. Whats required?
Mary's answer
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Answered on February 20, 2010
There do need to be proper sleeping arrangements for overnight visitation. This could be that the mother will vacate the bedroom so that the kids...
Archived
What is considered adultery? Is it only sex..I have months and months of late night phone bills..does that count?
Mary's answer
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Answered on February 19, 2010
In Virginia, you have to prove adultery by clear and convincing evidence. And yes, it must be sexual intercourse.
Archived
What are the terms for getting an annulment?
Mary's answer
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Answered on February 19, 2010
Refer to my Legal Guide which sets forth the requirements for an annulment in Virginia.
Archived
Im going through a divorce. Can my wife sell our home that is jointly owned with out me signing the deed
Mary's answer
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Answered on February 19, 2010
No.
Archived
He has moved out but keeps coming back when I'm not home do I have rights
Mary's answer
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Answered on February 19, 2010
Unless and until there is an agreement or a court order giving you exclusive possession of the house, you cannot keep him out. You could change the...
Archived
Property acquired before marriage community or separate property in VA state
Mary's answer
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Answered on February 19, 2010
If there is equity in the home, a portion of it may be marital property. You need to speak with a family law attorney who can review the...
Archived
Thought i was divorce and now i find out i am not and was remaired 6 years ago what should I do?
Mary's answer
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Answered on February 19, 2010
Since you still are married to Husband #1, you have to divorce him. Then you have to marry Husband #2 because you and he are not legally married.
Archived
How hard is it for a man to get custdy of his child?
Mary's answer
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Answered on February 19, 2010
There is no maternal/paternal preference. The court looks for the most part at which parent was the primary caregiver. There also are statutory...
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