Virginia Recent Legal Answers from Lawyers

Once your husband obtains his US citizenship he can petition for u as his immediate relative spouse. As long as you entered the US legally, you should be able to adjust status to a green card holder. You should retain counsel to assist you. Counsel anywhere in the US can represent you. Good luck.... Read Answer

My advice is to proceed as NVC has directed.  Processing times are fairly accurate.  Perhaps you should call the phone number on the document you received  from NVC to get clarification of the notice your received, and how you should proceed.  I would need to see a copy of the document received from NVC to further direct you.... Read Answer

Lawyers.com offers general information and not legal advice. There are several things you can do to move forward but you must be willing to take action. Although moving out is one option, you need to know your legal rights so you can make an informed decision.  You can charge him with adultery, seeking temporary spousal support, and or separate maintenance.  However, you should take no action until you confer with a family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour for consultations, therefore, you need to be prepared to discuss fees up front.  Best of luck... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information.  For example, are there any court orders in place, issued by any state?  If so, what state and when was it issued?  How long did the children live in Georgia?  Did they live in Georgia more than 6 months? Did they ever live in Alabama?  Have long have they lived in Virginia? What, if any role, did the father play in allowing them to come to Virginia?  Did he agree?  Has your daughter or the father ever live in Virginia?  Will the biological father agreDo you have anything in writing from your daughter?   There are too many unanswered questions for me to offer proper guidance. I encourage you to set up an initial consultation with a family lawyer ASAP to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. You will need a court order to enroll the children in school or seek medical attention. Therefore, time is of the essence.  Best of luck to you and your family~ ... Read Answer

Anita, lawyers.com offers general information and legal advice.  Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information.  For example, what are the facts and circumstances surrounding the sperm donor's participation in the process?  Did he sign a contract setting forth the circumstances under which he was contributing the sperm? If he did not, as you say, sign away his rights, does he pay child support? Are you and your wife contemplating a divorce? If so, are you seeking custody?  There are too many questions that remain outstanding.  I encourage you to set up an initial consultation with a family lawyer to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. Best of luck to you and your family~ ... Read Answer

I am not sure if I understand what you are asking when you say, "can my son recoup the monies he would have made overseas?" Your question cannot be answered in this forum because it is too broad and will require considerable more details.  For example, how long did your son and his wife live overseas? Was he fired? If so, what was the basis of his dismissal? Was he on probation with his new job? Is there a connection between the daughter in law's affair and the cessation of his employment? How do you prove loss wages and or the connection between the affair and the loss of employment, etc.,    Lawyer.com offers general information and not legal advice.  If you want specific advice, kindly contact a  lawyer in your area to discuss the matter in greater details.  Please note that lawyers charge by the hour; therefore, unless otherwise stated, you will be charged for an initial consultation.  Best of luck~... Read Answer

By its nature, there is no guarantee that an investment will succeed; you can lose your money.  Your fellow members are under no legal obligation to return your investment to you.  On the other hand you are under no legal obligation to withdrew from the llc, and you have certain rights as a member.  You can choose to remain a member until and unless the other members buy you out at an acceptable price.... Read Answer

Your question cannot be answered in this forum.  At the very least, you need to call the court and make the Judge aware of your problem.  As to whether the matter will be continued will depend on the judge and the other party's position on your request for a continuance.  Best of luck~... Read Answer

your question cannot be answered in this forum because there is no such thing as a "typical divorce."  Every case is different.  The facts in your case will dictate the level of activity and the corresponding costs.  If you and your spouse are able to resolve issues (custody, support, property division, service, etc., )  prior to filing for divorce, this will substantially reduce the cost of the procedure.  If all issues are in dispute, the amount you will pay will vary, depending upon the amount of activity in the case.  There is no way to predict in advance, how many motions will be filed, how many telephone calls/office meetings, will take place, or how many documents will be drafted.  When you hire a lawyer, you are "buying time."  Hence, the complexity of the issues pending before the court and the time involved to resolve issues in a contested proceeding will drive the cost of your procedure. I suggest that you invest in an initial consultation with an experienced family lawyer to discuss your matter in greater details. Lawyers charge by the hour, so be prepared to pay a consultation fee.   Best of luck~... Read Answer

This site offers general information and not legal advice.  Your question cannot be answered in this forum.  Additional information is required concerning your intent and that of your spouse.  Are you holding yourself out to friends and relatives as having separated? Do you have joint accounts; share household chores and responsibilities, such as cooking, laundry, etc? I suggest that you invest in a consultation with a family lawyer to discuss this matter in greater details.  Most lawyers charge by the hour; therefore, you need to be prepared to pay an initial consultation fee.   Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. There are several things you can do to move the process forward.  Securing a Marital Settlement Agreement now is a smart idea if the two of you are able to reach an agreement on the essential terms.  It is recommended that you confer with a family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour for consultations, therefore, you need to be prepared to discuss this issue up front.  Best of luck~    ... Read Answer

Lawyers.com offers general information and not legal advice.  The terms of your Court Order will govern the amount.  At the time of your divorce, the lawyers involved should have prepared a Court Order, usually called QDROS, Qualifying Orders, Order for Processing Retirement, etc., that sets forth the terms of the distribution.  For example, does the order address gains and losses, cost of living provisions, etc.? Your question cannot be answered in this forum.  It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details. Please note that most consultations are billed at the lawyer's hourly rate.  Therefore, this is something you need to discuss up front.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  If you are seeking legal advice, you may wish to set up a consultation with a family lawyer in your area to discuss filing an appropriate Motion to address this issue. The terms of your existing court order will govern until it is modified by the court.  ... Read Answer

When you say, "stay away order," do you mean a protective order?  If so, the terms of the order will govern. I recommend that your daughter carefully review the terms of the Protective Order to see what conduct is permitted.  Lawyer.com offers general information and not legal advice.  If your daughter needs additional information, I suggest that she meets with an experienced family lawyer to discuss this matter in greater details.  Please note that most lawyers charge by the hour for consultations.  Therefore, this is something that should be discussed up front.  Best wishes~... Read Answer

Your accident should have been filed with the Virignia Workers Compensation Commission. If it was reported to the workers compensation insurance company and the company accepted your claim, the insurance company should be providing you coverage for your medical bills. You also may need to file a claim with the Virginia Workers Compensation Commission 1-877-664-2566.... Read Answer

If it is a misdemeanor charge then in all likelihood they probably will not even want to interview you about it. They will most likely just want to serve you with the paperwork and set an arraignment date. But you should keep in mind that if they do wish to interview you about it, that you are required under the law to assert your right against self-incrimination. So that means that you have to tell them that you do not wish to say anything that might incriminate you. Typically an attorney is not an appointed until you go to your arraignment date. The magistrate typically will not allow an attorney to go with you in the "booking" area. At your arraignment date the judge will consider your financial status and determine whether you're eligible for court-appointed counsel.... Read Answer

If you are not living together, money earned post separation is presumed to be separate property.  If you use your separate funds to purchase the vehicle, this does not give rise to a marital interest, unless you take affirmative steps to include his name on the title, etc.  Unless you pay cash for the vehicle, chances are there will be little or no equity in the car; hence, nothing to divide.  Lawyers.com offers general information and not legal advice.  Therefore you should confer with a family lawyer in your area to discuss this matter in greater details.  Best of luck~ ... Read Answer

By definition, a Power of Attorney is a legal instrument, which authorizes one to act on behalf of another.  The terms of the POA will set forth the terms and conditions of your authority to act. These documents are usually prepared in anticipation of one being unable to act in his or her interest.  If your Mother's POA sets forth the circumstances under which you are authorized to act, I would suggest escalating the issue to a manager or supervisor, noting your mother's years of faithful service, payment history, etc.   I would highlight the absurdity of the company request in view of your Mother's current mental state.  If your Mother has "dementia," I think it rather unreasonable for them to request that you have her sign and notarize a document in her current state. Perhaps, you may wish to consider contacting a local television station that brings attention to consumer affairs.  Without any knowledge of the terms of the POA, your questions cannot be answered in this forum. Lawyer.com offers general information and not legal advice.   I suggest that you confer with a lawyer in your area to discuss this matter in greater details.  Best of luck... Read Answer

Your question cannot be answered in this forum.  This site offers general information and not legal advice or price information. Lawyers charge by the hour.  Therefore, the price of a name change will vary depending upon the amount of information that needs to be reviewed, reasons for the name change, whether you are able to meet all of the statutory requirements, etc.  I suggest that you confer with an attorney to discuss this matter in greater details. Best of luck~... Read Answer

Your question cannot be answered in this forum.  Lawyer.com offers general information and not legal advice. Due to the complexity of the facts presented, I suggest that you confer with a family lawyer to discuss your case in greater details. Make sure you bring with you to the meeting a copy of all court orders, which set forth the terms of custody and visitation.  The order will define what is permissible and whether the stepmother can take steps to limit your relationship with the child.  Most lawyers charge by the hour and consultation are billed at a lawyer's hourly rate.  Therefore, unless you find a lawyer who is willing to offer a free or reduce consultation (military, elderly, disabled), you need to be prepared to pay for the initial consult.  Best of luck~... Read Answer

Although the Court will honor an agreement reach by the parents, an agreement is not a court order.  A court order gives the court authority to enforce an order if it is violated or breached by the parties.  Unfortunately, your question cannot be fully answered in this forum. Lawyer.com offers general information and not legal advice.  Please confer with a family lawyer to discuss this matter in greater details. Best of luck~... Read Answer

In Virginia, custody decisions are made based upon the best interest of the child.  If you and your Mother are able to reach an agreement, the Court will honor the agreement and incorporate it into an order.  If, however, you are not able to agree upon the terms of temporary custody, a judge will decide the issue by relying on Virginia Code Section 20-124.3.  Please keep in mind that the father must be given notice of any legal proceedings involving the child. Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. I suggest that you confer with an attorney in your area to discuss this matter in greater details.  Lawyers charge by the hour and most consultations are billed at the lawyer's hourly rate.  Best of luck~... Read Answer

Mr. Darby, I am sorry for your recent loss.  The short answer is, "yes."  The grandparents can file for joint custody.  However, the mere filing does not guarantee that the grandparents will prevail on the merits of the case.  Due to the complex nature of third-party custody disputes, I suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer