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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
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After being marriage for almost 25year two adult children,

Customer Question

After being marriage for almost 25year two adult children, husband is a cheater can't take it anymore, what is my best interest in getting half of his Military retirement pay keeping my house and see that he help me keep the live style that i been living

my monthly bills come up to 4.500 a month

I,m sick take comadin for the rest of my life
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
What is your state?
Customer: replied 5 years ago.

virginia is where I live

Expert:  lwpat replied 5 years ago.

Virginia is a no fault and also a fault state for grounds. Here you need to hire a private investigator to obtain the evidence that is admissible in court

 

No Fault:
(1) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

Fault:
(1) For adultery; or for sodomy or buggery committed outside the marriage; (2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights); (3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. (Virginia Code - Title 20 - Sections: 20-91)

 

Since it is a long term marriage you will be entitled to alimony

 

The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.

 

You will also be entitled to at least half of his pension and the marital property including the house. Virginia is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

 

Here you need to make an appointment with a good local divorce attorney.

 

Customer: replied 5 years ago.

Thank you,

how long to alimony last

Expert:  lwpat replied 5 years ago.
If you can prove adultery then it will probably be permanent monthly alimony until you remarry or move in with someone.
Customer: replied 5 years ago.
What is my right if I leave first
Customer: replied 5 years ago.

Are you done giving me answer to my question

Expert:  lwpat replied 5 years ago.
Your rights will remain the same if you leave except if you do not take any action it could be considered abandonment. If you get the evidence and then leave it will not matter. Hire the PI.
Customer: replied 5 years ago.
My biggest concern is Mortgage I love my house but I can't afford it by myself only twelve years left can I used this as a Alimony, this is all I concern with along with medical insurance
Expert:  lwpat replied 5 years ago.

Here the specifics of your case and the property division need to be discussed with your attorney. If you desire to remain in the house and can prove fault, then the court is likely to award you sufficient assets to remain.

 

An accept for my time is always appreciated

Customer: replied 5 years ago.

Thank you

I'm will seek help with this sititution

 

goodbye

Expert:  lwpat replied 5 years ago.
You're welcome. An accept for my time is always appreciated.
Customer: replied 5 years ago.
Today is sunday August the 2 2009, My husband and I had a talk today he told me that he went an file seperation paper, but he want to stay in the house until he can find somewhere else to live, Is this a good move
Expert:  lwpat replied 5 years ago.
I'm sorry but that is not something that I can really answer for you. That is really your individual choice in consultation with your own attorney.
Customer: replied 5 years ago.
Your right. thank goodbye until next time
Expert:  lwpat replied 5 years ago.
An accept for my time is always appreciated.

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