Virginia Recent Legal Answers from Lawyers

It is never wise to IGNORE a Court Order.  If you have proper notice of a court hearing you MUST show up.  Perhaps, it would be wise to show up with a lawyer and defend your interest.  Please consult with an experienced family lawyer to protect your interest.  Best of luck~... Read Answer

Lawyers.com offer general information and not legal advice.  You will need to consult with an experienced family lawyer in your area to discuss the matter and obtain legal advice applicable to your particular case. As a general rule, please note that "all property" acquired during a marriage is considered "marital property," and will be subject to distribution by the court. If an annuity or house was acquired during the marriage, the court will treat it as marital property and divide it consistent with the statutory scheme set for in Virginia Code 20-107.3.  Although your home is in your name, the court wants to know if you used money acquired during the marriage (your paycheck) to pay the mortgage.  If so, this raises questions regarding your spouse's equitable interest in the home.  Additionally, when did you acquire the house?  Did you own it prior to marriage or did you acquire it during the marriage?  What was the source of funds used to purchase the house?  Although the property may be titled in your sole and separate name, this does not override any equitable interest the other party may have, if marital funds were used to pay down the mortgage.  Because there are several issues that must be resolved before more information can be provided, your question cannot be answered in this forum.  It is recommended that you consult a lawyer to discuss your rights in greater detail.  Most lawyers charge for an initial consultation, which is usually billed at the lawyer's hourly rate.  Therefore, it is important for you to clarify the payment policy before making an appointment to avoid any misunderstandings or confusion, given your current financial situation.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based on the law in your state, as applied to the specific facts in your case.  While I am in a position to offer some general information, it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  As a general rule, when dealing with issues involving the primary residence and one's legal ability to make decisions regarding a minor child, we generally address these matters in the context of custody determinations vs a guardianship.   There are different types of custody decisions.  For example, joint legal custody is where the biological parent retains the ability to nake joint decisions with the new custodial parent.  This statement assumes that the biological parent has agreed to share joint legal custody with another person.  Sole custody is where only one person has the right to make legal decisions concerning the child's health, education, and well being.  Also, the law requires that the father has notice of any decision and is given an opportunity to be heard in the matter.  If you want the action of the parties to be legally binding, you have to decide if it is in the best interest of the child for the parties to reach a custody agreement, which is later presented to the court for entry into the court.  Again, this is an oversimplification of what can become a very complex process.   In order to properly protect your interest,  more information is needed.  Accordingly, your question cannot be answered in this forum.  Please invest the time and money necessary to meet with an experienced lawyer in your area to address this matter in greater detail.  Best of luck~ ... Read Answer

You can sponsor your fiancé for a k1 fiancé visa and your future step children as k2 derivative beneficiaries. The visas would be processed at the overseas consulate and when the visas are available, your family can enter the US but you must marry your fiancé within 90 days , and then they all can adjust status to obtain their green cards.... Read Answer

There is no easy answer to your question.  I suggest that ask around (friends, co-workers, etc) for referrals.  It is always wise to meet with a few lawyers before making a final decision to see who you feel the most comfortable with during the initial consultation process. You need to feel comfortable talking to a lawyer and you need to pick someone who is responsive to your inquiries. The right lawyer for you should be someone who is able to answer your questions so you are able to make an informed decision.  It is always a good idea to review a lawyer's website.  Many lawyers have blogs, which help provide information and insight into their practice.  Finally, picking a lawyer is like picking a doctor. It is critical to select an individual that is knowledgeable, caring, and available to assist you during this very critical time in your life.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which is fact specific.  Your question cannot be answered in the forum, without a review of your court orders, and all agreements between you and your spouse.  You must follow a valid court order until it is changed by the court. If you are trying to modify the terms of a current court order, it is recommended that you confer with an experienced family lawyer in your area to discuss the particulars of relocation, consistent with your current order.  Time is of the essence, therefore, you should make an appointment right away to resolve this matter.  Best of luck~  ... Read Answer

Lawyers.com offers general information and not legal advice.  Therefore, if you want legal advice, you should consult with an experienced family lawyer in your area.  As a general matter, if parties are married, children born of that marriage are presumed to be the child of the parties.  This legal presumption stands until such time as it is rebutted.  If there is doubt regarding the paternity of a child born of the marriage, it is usually resolved by requesting a paternity or DNA test.  It may be in your best interest to first determined that you are not the biological father.  If you are not the father, you need to look at the available options and decide what is in the child's best interest.  What is your goal?  For example, if you want a legal relationship with the child, which gives you the right to make decisions, see the child, and spend time with the child, this can be accomplished through a custody order. If you want to adopt the child, you need to confer with an adoption lawyer to discuss the differences between custody and adoption. Adoption will terminate the legal rights of the birth father, thereby, making him a legal stranger to the child. Best of luck~  ... Read Answer

You say it's his home, but if you've been living in it as his Wife then it's the marital home and he cannot kick you out without a court order.  He may not be able to get such a court order unless there has been domestic violence or you are doing something else to make his life hell.  Was the house completely paid off before you married him?  Because if he has been making any mortgage payments during the marriage, then it's at least partially your house, too.... Read Answer

If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, the adjustment of status case may be denied for abandonment and she may have to start the process all over again and process her immigrant visa at the consulate overseas. You should retain counsel immediately so that she can process her case competently and efficiently. This is why lay people should not attempt to handle their cases without being represented by counsel. Counsel anywhere in the USA can represent you. Good luck.... Read Answer

The date that you put down on the I-539 application to extend/change status is only a request. The important part is that you have already put in the paperwork to change status to B-2. Even if the family asks you to leave prior to July 1, that would have no effect upon your pending application to change status. An applicant who has filed a timely request to change status is allowed to remain in the U. S. during the time that the application is being considered. (I do note that if the time up to which you request expires in the future and you do not yet have an adjudication, you should either leave the U. S. or file another I-539 application if you intend to stay). 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

That depends on the value of of your house, and what exemptions are available under applicable state law in your case.  If you have resided in Virginia for at least the last 2.5 years, then that would be Virginia's.  Virginia seems to have a $10,000 exemption for equity in a homestead.  $20,000 if you are over 65 years old.  Thus, if your house is worth more than that, it could be sold by the Trustee in a Chapter 7 case. You need to have a consultation with a bankruptcy attorney in your area to analyze your options and determine the costs and benefits of each.  ... Read Answer

You are not going to be able to remove yourself from these loans.  That's why they get co-signers - so if the primary person defaults or declares bankruptcy they can come after you.  That's why you should be really careful about who you co-sign things for, because you are basically assuming their responsibilit for the debt.  If you can't pay it, the only way out will probably to declare bankruptcy like she has done.  There are also some agencies that may help you negotiate it down to a smaller amount, if you would otherwise default on it.  But be careful because I think some of these places may be scams.   ... Read Answer

Since you have no children you are eligible to file for a no-fault divorce after a six month separation, but in order to do that you must have a signed and notarized property settlement agreement.  Since you don't have any assets together the PSA could simply state that you don't have any marital property, but you have to have that in writing to present to the court.  Otherwise, you have to wait until you are separated a full year.  Then you file a Complaint for Divorce and the other party will need to sign a Waiver or an acceptance of service.  Otherwise you would have to have them formally served by the Sheriff or a process server and they have a 3 week deadline to file a response wth the court.  After that you have to do a final hearing or instead of a final hearing in court you can do the final testimony by deposition or affidavit.  You need a third-party witness to verify the facts in your pleadings.  Then you submit the transcript or affidavits along with your draft Divorce Order and if it meets all of the legal requirements then a judge should sign your divorce order.  If there are any problems with your paperwork the court will notify you.  Although some people are able to do this on their own, I strongly encourage you to consider hiring a lawyer to take care of this for you.  I can't tell you how many people have come to me after they have screwed it up on their own and it takes a lot more work for me to fix it than to just start over.  It is worth the nominal fee that most lawyers charge for uncontested divorces to have the peace of mind of knowing it's done right.   ... Read Answer

It's impossible to tell from the information you provided whether your charges would be eligible for expungement, because it's not clear what you pleaded.  If you pleaded guilty, then no you will not be able to expunge.  If you pleaded not guilty, then it's possible if there was no conviction.  It appears that Rockingham County is not included in the state online information, so I can't look up your cases online.  You would have to get a copy of the case disposition from the court and see what it says.  If you do that, be sure to get a certified copy so that you can use it in filing your expungement petition, if you are eligible. ... Read Answer

Lawyers.com offers general information and not legal advice.  Your question is very fact specific and seeks legal advice.  Your question cannot be answered in this forum because more facts and details are needed to properly advise you.  For example, is your spouse violent toward you or the child?  Has the police been called to your home? If so, how many times?  Has the offending spouse been arrested? If there is a history of violence, and your spouse's conduct places you or the child in danger of bodily injury, there are various remedies that may be available to remove the offending spouse from the home.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

If the Court has asked you to file a Motion to Amend the Complaint, this request suggests that you made an error in your initial submission.  It is not unusual for the Clerk to contact parties--once a Complaint has been filed, together with other supporting documents, to state that there is a problem.   When the Clerk contacts a party, this generally provides an opportunity for the moving party to fix the problem.  Unfortunately, your specific question cannot be answered in this forum without a review of the pleadings filed with the Court.  Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which will require further discussion of your specific problem, and the best way to correct the problem.  I suggest that you contact a lawyer, preferably in your area, to discuss your matter in greater details, including the possibility of scheduling an office meeting.  Best of luck~... Read Answer

Your question is fact specific and cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  You need legal advice in order to protect your interest.  More information is needed to properly advise you.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Your question cannot be answered in this forum.  You need legal advice in order to protect your interest.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck... Read Answer

Lawyers.com offers general information and not legal advice.  Although additional information is needed to properly assist you, it is possible for you to secure a divorce by employing an Order of publication. It is recommended that you consult with a family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Your question is fact specific and cannot be answered in this forum.  You are seeking "legal advice" and more information is required to properly advise you.  It is recommended that you confer with a family lawyer in your area to discuss this matter in greater details.  Best of luck~  ... Read Answer

If there are property and support issues to be decided by the court, your case is contested and this will slow the process.   A contested court case will take longer to resolve than an uncontested case. Although you will be able to slow the divorce process , if issues are in dispute, this will result in greater cost in legal fees in the end.  Lawyers.com offers general information and not legal advice.  No lawyer can offer legal advice without a careful review of all the facts in a particular case.  It is recommended that you contact a family lawyer in your area to discuss this matter in greater details. Best of luck~  ... Read Answer