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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36603
Experience:  25 years of experience helping people like you.
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i have been married since oct 2008 we are now seperated due

Customer Question

i have been married since oct 2008 we are now seperated due to him assulting me i did press charges and awaiting court i know the next step is hes going to get a divorce most of our problems were behind his mom being in our business and all the money he made went into his moms bank account or handed to her in cash we have bought a few things since being married one of which is a motor cycle that is in hhis mothers name because niether of us had the credit to get it in ours another is 2008 suv in which i made all the payments on until june of 2010 and in which he took from me and we have two semi trucks so my question to you is how much of this stuff am i entitled to that we have gotten since being married hes telling me we have to be married 5 years before i get anything so please help me
Submitted: 3 years ago.
Category: Family Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

The business and other assets appear to be marital assets subject to equitable distribution by a court. There is no five-year requirement. His mother may be joined as a third-party defendant in your divorce to recover assets transferred to her name.

Here is why.

Virginia is an equitable distribution state. This means that in the event of a Virginia divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court.


Separate property (not subject to property division) includes inheritances, property owned before the marriage, personal injury awards, and gifts given to only one spouse.


Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.


An "equitable distribution" means fair, not equal although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36603
Experience: 25 years of experience helping people like you.
FiveStarLaw and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

so what all records do i need to give to my attorney to prove my case as far as what was bought and done during our marriage

 

Expert:  FiveStarLaw replied 3 years ago.

Thank you for remembering to click accept.

Your attorney will want you to bring in as much financial information as you are able to gather. You will want to try to bring in bank statements, pay check stubs, tax returns and vehicle registrations.



Best wishes for a Happy and Healthy New Year!
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36603
Experience: 25 years of experience helping people like you.
FiveStarLaw and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
why was i charged another 58.00 for the second question when i accepted the 30 trial and was told i would not have to pay anymore money than the first 58.00
Expert:  FiveStarLaw replied 3 years ago.
I do not know. My understanding is that you should have only been charged $58 in total even though you accepted two separate answers. I will send your question to the moderator on duty.
Customer: replied 3 years ago.
ok thank you very much my card was charged twice for both questions
Expert:  FiveStarLaw replied 3 years ago.
no problem - but why did you leave me negative feedback?
Customer: replied 3 years ago.

im sorry about that i thought that was for something else thats why i put down about being charged 2 times for the services did not mean it towards you you are answering my questions very well i just have so many because i dont want to get out of this marriage with nothing after all ive put in it im really sorry

 

Expert:  FiveStarLaw replied 3 years ago.
No problem at all. I have notified the moderator that you intended to accept both answers but believed you were only been charged one time since you have the subscription plan. Feel free to direct your further questions to me


Best wishes for a Happy and Healthy New Year!

Edited by WebLaw on 1/1/2011 at 6:03 PM EST
Customer: replied 3 years ago.

ok thank you just one more question what do i need to prove our money made since we started the business went in to his mothers account i do have some of the deposit slip where we deposited into her account but not all them some cash was givien to her but in 7 months the business made apx 80 thousand

 

Expert:  FiveStarLaw replied 3 years ago.

Give what you have to your attorney. Your attorney can then join your husband's mother as a third-party defendant in your divorce proceeding. Once she is joined as a defendant, your attorney may subpoena her bank account and her other financial information to prove the money that transferred into her account

Please let me know if you get charged again for accepting

Edited by WebLaw on 1/1/2011 at 6:10 PM EST
Customer: replied 3 years ago.

see when i hit the accept button is when they charge my card again

 

Expert:  FiveStarLaw replied 3 years ago.
So sorry for this inconvenience. Thank you for letting me know as I do not get paid when the customer does not accept. I will put in a report that you would like to accept my prior answer but not be charged an additional fee since you are on the subscription plan
Customer: replied 3 years ago.

ok thaank you so very much i do like your answes but do not want charged for every answer thank you

 

Expert:  FiveStarLaw replied 3 years ago.
I agree with you and I apologize that you are having this difficulty

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