Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

i have been married since oct 2008 we are now seperated due

Customer Question
to him assulting me i...
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: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
1/1/2011
Family Lawyer: Ellen, Lawyer replied 7 years ago
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
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.
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 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

 

Family Lawyer: Ellen, Lawyer replied 7 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!
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 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
Family Lawyer: Ellen, Lawyer replied 7 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.
Ask Your Own Family Law Question
Customer reply replied 7 years ago
ok thank you very much my card was charged twice for both questions
Family Lawyer: Ellen, Lawyer replied 7 years ago
no problem - but why did you leave me negative feedback?
Ask Your Own Family Law Question
Customer reply replied 7 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

 

Family Lawyer: Ellen, Lawyer replied 7 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
Ask Your Own Family Law Question
Customer reply replied 7 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

 

Family Lawyer: Ellen, Lawyer replied 7 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
Ask Your Own Family Law Question
Customer reply replied 7 years ago

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

 

Family Lawyer: Ellen, Lawyer replied 7 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
Ask Your Own Family Law Question
Customer reply replied 7 years ago

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

 

Family Lawyer: Ellen, Lawyer replied 7 years ago
I agree with you and I apologize that you are having this difficulty
Ask Your Own Family Law Question
Ask Ellen Your Own Question
Ellen
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: 25 years of experience helping people like you.

Ellen is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I had a retirement account prior to marriage. I was employed
I had a retirement account prior to marriage. I was employed at the company from 1992 to 2000 and we got married in 1998. In 2007 I started a new 401k with a financial advisor and I took the funds out… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Ray NC law RE: Equitable Distribution and Consent Order. I
Hello RayNC law RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not sub… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
NC, Equitable Distribution laws. Equitable distribution and
greetings-NC, Equitable Distribution laws.Equitable distribution and distributive award.E.D. Judgment: marital home is over-valued. . Broker used the courts over-valued sales price. . 6 months later b… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Share of 50%of Equitable distribution pay tax? ( husband's
Share of 50%of Equitable distribution pay tax? ( husband's compensation )At the divorce settlement, Share of Marital assets, liquid assets, retirement accounts pay tax?Who's paying tax on?Wife has not… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
House is held in Trust before during and at end of marriage,
House is held in Trust before during and at end of marriage, what rights do i have against a trust … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
My mother in law found out 2 months ago that the divorce
My mother in law found out 2 months ago that the divorce papers her ex husband signed 5 years ago was expired and for that reason they were still married all those years without knowing, he already go… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Divorce settlement equitable distribution amount is up to
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce? Ny.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The divorce is happening in FL. During the marriage I was
The divorce is happening in FL. During the marriage I was awarded a settlement regarding a lawyer not filing dental damage, pain and suffering of 79,000. My spouse asked for a divorce 6 years later. T… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have a question about equitable distribution in North
Hi Pearl, I have a question about equitable distribution in North Carolina. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Im confused on what equitable distribution laws are through
Im confused on what equitable distribution laws are through a masters. If I have non-marital funds and so does my wife as defined through a prenup, does a masters weigh out the non-marital contributio… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
In the final trial in a NC for Equitable distribution, I
In the final trial in a NC for Equitable distribution, I remember being prepared to give an opening statement. When I looked at court procedure rules it said both would have an opp to do this. In mine… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
If NC State is handling the equitable distribution of
Hi if NC State is handling the equitable distribution of property because 1 spiyse has dementis and had to have a mediator and they have had paprrs 5 months and not finished. I was told I could go ahe… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x