Virginia Recent Legal Answers from Lawyers

You can file for hardship.  I would suggest calling the creditor and ask them to work out a "reasonable" payment.  Explain to them your current financial situation.    Scott F. Bocchio President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read Answer

Your question cannot be answered in this forum because more information is needed.  In order to properly protect your interest,  I suggest that you arrange to meet with an experienced family lawyer to discuss the grounds for divorce, your options and the best way for you to proceed. Please note that most lawyers charge by the hour; therefore, you need to discuss the lawyer's hourly rate before setting up the meeting, so there are no misunderstandings about fees and costs.  Best of luck~... Read Answer

Your question cannot be answered in this forum because more information is needed.  If you were never served and that is properly reflected in the court file, it may be possible to vacate the order.  Further, if your spouse had knowledge of your whereabouts at the time but did not go through the necessary process to seek the appointment of a GAL (Guardian ad Litem) to apprise the court of your true status, this may also constitute a basis to vacate the order.   Unfortunately, without further information and review of the entire court file, your question cannot be answered.  I suggest that you go to the court, request a complete copy of your file and set up an appointment with an experienced family lawyer in your area. Most lawyers charge by the hours for consultations; therefore, you should be prepared to discuss fees before you set up the meeting to avoid misunderstandings.  Best of luck~... Read Answer

I am sorry to learn of your lawyer's health issues.  The lawyer or someone from his or her office, should request a continuance.  Most lawyers have backup plans, to account for this type of issue.  I suggest that you call the lawyer's office, and ask who is the designee to handle matters in his or her absence. In any event, you should show up in court on the day of trial and explain what is happening, if you are unable to speak with your lawyer or someone in his or her office.  Best of luck~ ... Read Answer

A "cease and desist letter" is simply a letter.  It has no force of law.  It's not an Order from a Judge, or even a lawsuit, therefore there is no proceeding in which to seek summary judgment, nor are you obligated to comply.  No action is required.  Theoretically you could start an action seeking a declaratory judgmetn that you have not been harassing your neighbor, but if all that has happened is that you've received a letter from a lawyer, starting a lawsuit seems like an unwarranted escalation which will cost you time and money.... Read Answer

I am sorry for your loss.  Unfortunately, in the absence of a will or some other indication of what was left for you and your family to divide, it is difficult, if not impossible, to answer your question.  For example, what did your grandmother own?  Did she own real estate? If so, where? Did she own stocks, bonds, bank accounts, cars, jewels, etc.,  If so, what if any knowledge do you have as to the location of the financial institutions that maintained her accounts?  How were the accounts titled at death? Were they jointly titled with any other person?  If so, was there a right of survivorships? The list of questions goes on and so forth, as to what she could have owned but there is no way of knowing for sure.  If your grandmother's property was jointly titled with her and other family members,  this creates other issues, which cannot be addressed in this forum.  I recommend that you contact a probate lawyer in your area to see if you can obtain more direction and guidance.  Best of luck~... Read Answer

Your question cannot be answered in this forum because more information is required.  For example, how long has the party living in Virginia lived in Virginia?  Is the person living in Virginia a resident and domiciliary of Virginia? Has the party living in Tennessee ever lived in Virginia? If so, how long and when did that party last reside in Virginia? Will the party living in Virginia have a problem attempting to serve the other party?  Is the divorce going to be contested or uncontested? Will the party living in Tennessee contest having the divorce filed in Virginia?  Lawyers.com offers general information and not legal advice. You are asking for legal advice, which cannot be provided without additional information relating to the facts in your case.  It is recommended that you contact a family lawyer in your area to set up an office consultation.   Most lawyers charge for consults based on their hourly rates.  Therefore, you should discuss rates before setting up an appointment to avoid and misunderstandings.  Best of luck~... Read Answer

Your question requires more information and cannot be answered in this forum.  What constitutes desertion will be based on the individual facts in your case.  For example, if you left the home was it by agreement?  Did you have a justification for leaving, if there is no agreement? What circumstances motivated you to leave the home?  The answer to these questions is important and needs to be carefully discussed before an answer can be provided.  Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in your case, as applied to the existing law. I suggest that you confer with an experienced family lawyer, in your area to discuss this matter in greater detail. Most lawyers charge by the hour for an initial consult, therefore, please discuss fees upfront to avoid any misunderstandings.  Best of luck~... Read Answer

Your question cannot be answered in this forum, without a full and complete review of all facts, including any and all agreements, court orders, etc.  In order to protect your rights, I suggest that you arrange a private consultation with an experienced family lawyer, in your area to discuss this matter in greater detail. If there is a court order and it is determined that the man who shares custody with you is not the father, this may create a legal justification for changing custody.  However, custody cases are fact-specific and will be based on the individual facts in your case. Most lawyers charge by the hour; therefore, you need to discuss the cost of an initial consult upfront to avoid any misunderstandings about fees.  Best of luck~... Read Answer

Your question cannot be answered in this forum, without additional information.  I suggest that you set up an initial consultation with an experienced family lawyer in your area to discuss all options that are available to you.  Most lawyers charge by the hour; therefore, you should discuss the cost of an initial consult to avoid any misunderstandings concerning fees.  Best of luck~... Read Answer

I am not sure what you mean by custody paperwork in Virginia. Are you saying that the two of you have a formal court order, which was entered by a Virginia Judge?  Or, are you saying you have an agreement that was signed in Virginia but is not part of a court order?  Your question cannot be answered in this forum because your intent is not clear.  The answer will vary depending on your response.  Lawyers.com offers general information and not legal advice.  I suggest that you confer with an experienced Virginia family lawyer in your area to discuss this matter in greater detail.  Please note that most lawyers charge an initial consultation fee.  Therefore, I suggest that you discuss the consultation fee upfront to avoid any misunderstandings.  Best of luck~... Read Answer

If you and your spouse live in the same house, it may be difficult to obtain custody.  Custody decisions are made using what is referred to as a best interest standard, which is found in Va Code 20-123.3.  If may be difficult to apply this standard, consistent with the child's best interest, if the two of you are living in the same house and no formal separation has occurred.  Lawyers.com offers general information and not legal advice. I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Most lawyers charge an initial consultation fee.  Therefore, you should discuss this upfront to avoid any confusion about fees.  Best of luck~... Read Answer

Unless you've got cash or significant income to satisfy this debt, the consolidation would not be right for you. I've been practicing bankruptcy law for over 22 years and have yet to hear about one or two people who have been successful with debt consolidation. Generally speaking, my opinion would be to avoid the debt consolidation company. You should meet with a skilled bankruptcy attorney to help you navigate this financial situation that you find yourself in. Good luck!... Read Answer

Since you and your spouse were both denied, the only thing that your daughter would be waiting for would be another denial. You can continue pursuing it, ie. Freedom of Information Act, if you so desire, but the denial is not that important since you already know that it will be the same as the ones given to you and your spouse. Denials of H-1B and H-4 statuses usually render the individuals illegal in the US unless they hold other status, and subject the individuals to a time bar of three years for remaining in the US illegally over 180 days from the date of denial (please note that the time bars do not apply to individuals who are under the age of 18). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Generally, where a party was married does not dictate the outcome of a case.  In the context of an annulment, this information would be relevant, only if there is a legal defect in the marriage.  As a general rule, the court will first determine whether it has jurisdiction to hear a particular case.  One of the requirements to file an action for annulment in Virginia is residency.  Are you a resident and domiciliary of Virginia? Have you lived in Virginia, with the intent to remain in Virginia for a period of at least 6 months before filing the lawsuit?  If you are able to satisfy the residency requirement, the next question is whether you have a legal basis to request annulment of the marriage? I have reviewed the facts provided in your case and you do not state why you would seek an annulment instead of a divorce.  There are very limited circumstances under which an annulment may be filed. Clients often mistakenly believe that filing an annulment is the proper remedy if they were married for a short period of time. However, this does not provide a proper basis for filing. Lawyers.com offers general information and not legal advice. Legal advice is based on the specific facts in your case as applied to the applicable law.  It is recommended that you confer with an experienced family lawyer in your area to discuss the actual requirements for an annulment, based on the facts in your case.  Lawyers charge a consultation fee, therefore, be prepared to discuss the cost of an initial consultation prior to setting up a meeting to avoid any misunderstandings or confusion.  Best of luck~  ... Read Answer

Lawyers.com offers general information and not legal advice.  It is not possible to fully address your concern with more details.  However, as a general rule, if there is an agreement--, in the absence of a court order incorporating the agreement into the order--- the agreement is enforceable as a contract.  The benefit of having a court order is that you have greater protections in the event there is a breach in the agreement.  If you have a signed agreement, I suggest that you take steps to reduce it to a court order, so you can fully protect your interest and that of your child. If you were never married, you will need to open a file with your local Juvenile & Domestic Relations Court.  If you were married, you may have the option of going through the Circuit Court.  Moreover, to avoid problems with future payments, I suggest that you contact the Division of Child Support Enforcement ("DCSE") in your area to discuss having (DCSE) collect your payments and disburse them to you each month.  Best of luck~... Read Answer

If he has education and job skills and there is a viable US employer willing to sponsor for the green card, the employer could possibly sponsor him under the PERM labor certification process. The time would take approximately 2 years assuming that all goes well. There are other possible avenues, but they would depend upon his family relationships and whether he had outstanding talent. If your sister's case is pending before U.S.C.I.S., and she has a travel document, she could possibly request advance parole on humanitarian grounds to possibly meet up with and marry the person in a third country. It is not assured that she will obtain this, but she can try if she wishes. If she is successful, however, she may face questioning when she returns to the US if she is using the passport of the country from which she is seeking protection. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Although some states still have filial responsibility laws on the books, only three enforce them.  Virginia is not one of the three.  Nonetheless, it sounds as though it would be a good time for your mother to consult an elder law attorney, sign a Medical Power of Attorney and Durable [Financial] Power of Attorney and related documents even if you do not want to be her agent.  She can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

Unfortunately, it is not possible to answer your question, without first reviewing your agreement and the Final Order of Divorce. Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum. When construing the terms of an agreement, every word matters and must be read consistent with the entire document. In order to properly protect your interest, it is suggested that you confer with an experienced family lawyer in your area to discuss your matter in greater detail. Please note that most lawyers charge by the hour and your initial consultation may be based on the lawyer's hourly rate. It is important that you discuss this matter in advance of your meeting to avoid any misunderstanding regarding fees. Best of luck~... Read Answer