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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29647
Experience:  29 years as a family law lawyer .
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Need divorce advise. Husband leased an apartment in aug 2011

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Need divorce advise. Husband leased an apartment in aug 2011 opened up a separate checking account for himself and started removing 230.00 a week from our joint checking account. On avg has been coming home 2 to 3 days a week but we have not been intimate in a year. He had moved the majority of his personal belonging out over the course of 4.5 months and when i started asking more questions recently I found out about the appartment his withdrawing money weekly has caused financial hardship and we fell behind on several bills. I do work as well and we have a 16 yr old son living with me. I has not seen my astranged husband since December 29th. He has no plans of coming back and I'd like a divorce. As you can tell he has lied about a lot of things and has tried to make me look at fault with our children.

1: what rights do I have?
2: can it be considered a legal seperation on the date he signed a lease agreement and has been living there part time for over 4 months?
3: I'd like a speedy and quick divorce is it possible? I've read -1 yr with a minor is it possible to be divorced in less time? Say a matter of weeks. I live in virginia.

Thank you for your help.
Submitted: 2 years ago.
Category: Family Law
Expert:  RayAnswers replied 2 years ago.

RayAnswers :

Thanks for your questions and good afternoon.

RayAnswers :

Lets go through them here.

RayAnswers :

1: what rights do I have?

RayAnswers :

You have the right to file for divorce and have fair division of assets and debts including some offset here for the funds he has spent which are marital.

RayAnswers :

2: can it be considered a legal separation on the date he signed a lease agreement and has been living there part time for over 4 months?You could use this date as a date in filing for divorce.

RayAnswers :

3: I'd like a speedy and quick divorce is it possible? I've read -1 yr with a minor is it possible to be divorced in less time

RayAnswers :


A final or absolute divorce, also know as Divorce from the Bonds of Matrimony ("Divorce a Vinculo Matrimonii"), may be based on any of the following six grounds:


1) SEPARATE AND APART FOR ONE YEAR: This is the most common ground for divorce. It is often referred to as a "no fault" divorce. It means that the wife and husband have been continuously living apart, without cohabitation at any time for at least one year.


2) ADULTERY: The adultery must have occurred within the past five years. You must not have continued to live with your spouse after you found out about the adultery. Adultery is difficult to prove in court.


3) CONVICTION OF A FELONY: The conviction must have resulted in confinement in a state or federal penitentiary for more than one year.


4) DESERTION PLUS ONE YEAR SEPARATION: One spouse left the home without a good reason and did not intend to return, and the husband and wife have been separated for at least one year. Leaving a marriage because of abuse does not constitute desertion.


5) CRUELTY PLUS ONE YEAR SEPARATION: One party abused the other physically, emotionally, or mentally and the husband and wife have not lived together for at least one year.


6) SEPARATE AND APART FOR SIX MONTHS: This ground can only be used if there are no children of the marriage under 18 and the parties have entered into a written property settlement agreement.


RayAnswers :

You have to be separated for a year here from Aug 2011 when he moved out.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer: Should I open my own checking account or can I have him removed from our joint account?
RayAnswers :

Property Distribution: Since 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.

Separate property is (i) All property, real and personal, acquired by either party before the marriage; (ii) All property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (iii) All property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) That part of any property classified as separate. Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party. The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions. The personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property.

Marital property is (i) All property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by Subdivision A 3, (ii) That part of any property classified as marital, or (iii) All other property acquired by each party during the marriage which is not separate property as defined above. All property including that portion of pensions, profit-sharing or deferred compensation or retirement plans of whatever nature, acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed to be marital property in the absence of satisfactory evidence that it is separate property. For purposes of this section marital property is presumed to be jointly owned unless there is a deed, title or other clear indiciation that it is not jointly owned.

The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors: 1. The contributions, monetary and nonmonetary, of each party to the well-being of the family; 2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties; 3. The duration of the marriage; 4. The ages and physical and mental condition of the parties; 5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95; 6. How and when specific items of such marital property were acquired; 7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities; 8. The liquid or nonliquid character of all marital property; 9. The tax consequences to each party; 10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and 11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award. (Virginia Code - Title 20 - Sections: 20-107.3)

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

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.

In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following: 1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; 2. The standard of living established during the marriage; 3. The duration of the marriage; 4. The age and physical and mental condition of the parties and any special circumstances of the family; 5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family; 7. The property interests of the parties, both real and personal, tangible and intangible; 8. The provisions made with regard to the marital property; 9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity; 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; 11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; 12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and 13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)

Customer: Thank you for your advise
RayAnswers :

You need to open up your own and take out your share.They will not let you take his name off here.

RayAnswers :

I wish you good luck here.

Customer: Thank you. Never imaged this would take place 23 yrs ago when we were married.
RayAnswers :

Here is lawyer referral to get you started .

RayAnswers :

Finding a Lawyer Using VLRS


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If you think you have a problem that may require the services of a lawyer, call the Virginia Lawyer Referral Service. Your call will be answered by a referral specialist who will request your name, address, a daytime phone number, and a brief description of your problem. Based on this information, you will be provided with the name and telephone number of a lawyer in the city or county in Virginia requested who has indicated a particular interest in handling your type of problem. The lawyer will be licensed and a member in good standing with the Virginia State Bar. It will then be your responsibility to call the lawyer to schedule an appointment. If it appears that you do not need a lawyer, you will be directed to an agency that may be able to help. Any information that you provide will be strictly confidential.


Learn more about VLRS by reading the Rules of the Lawyer Referral Service.


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If you are referred to a lawyer, you will be entitled to consult with him or her for up to one-half hour for a fee of $35. Beginning July 1, 2007, you should be prepared to prepay by VISA or MasterCard at the time of the referral. Mail-in pre-payment by money order also is accepted. The initial consultation may answer your questions and enable you to solve your problem. If your problem requires additional time and work, you will be responsible for any additional legal fees. The lawyer you consult will be glad to discuss his or her fees and the cost of services beyond the initial consultation. However, there is no obligation for either you or the lawyer to go beyond the first consultation.


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RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer: Thank you.
RayAnswers :

You;re welcome.

Customer: Will this information be emailed to me?
RayAnswers :

If you can click accept here it much appreciated.You can print it here by either clicking on file and then down to print--it's in top left or left click your mouse and copy it and paste it to a new word document.Thanks again and have a happy new year.

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29647
Experience: 29 years as a family law lawyer .
RayAnswers and 6 other Family Law Specialists are ready to help you

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