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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4823
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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leagal seperation or divorce

This answer was rated:

leagal seperation or divorce

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Could you explain a little further exactly what you are asking?

texlawyer :

Hi. Can you see my responses?

Customer:

my son is working in doha,qatar.. he is a legal resident of virginia. his wife resides in south carolina. he has a home in virginia that is a rental with a mortgage. he owns two properties in myrtle beach that are paid for. his wife lives in one of the houses with their two children. 12-28-12 his wife purchased a truck and financed $25,000 in his name she used a forged power of attorney. today he found out that she has taken out credit cards in his name and has defaulted on at least one for $1000.00. he has ask me as his mother to see if i can find him an attorney in virginia. he plans on filing for divorce when he returns to the states .in the mean time since he is unable to return to the US to protect his credit should he file for a legal seperation or divorce or do you have another suggestion

texlawyer :

Hello.

texlawyer :

I see that you've rated my service as "bad." I'd be glad to help you further, but I may need a few minutes to review your response.

Customer:

i rated bad because i have no answer

texlawyer :

I'd be glad to give your answer, but I need to review your response. It may take a minute or two.

texlawyer :

One thing to keep in mind is that Virginia does not recognize legal separation. Some states do, but Virginia does not.

texlawyer :

Virginia does have "limited divorce."

texlawyer :

A limited divorce, will, however, have many effects you would want out of a legal separation.

texlawyer :

A limited divorce typically includes many of the same things as a regular divorce, which include property divisions.

texlawyer :

So, a limited divorce will allow him to separate his credit from hers, which is largely what he wants.

texlawyer :

However, if he's going to do that, he might as well go through with a final divorce, as the process is very similar.

texlawyer :

So, my advice to your son would be to just go ahead with the final divorce instead of wasting time and money with a limited divorce.

Customer:

what about the children. he will want either full or partial custody and he can't do that until he returns to the states

texlawyer :

It depends on whether it is an agreed custody arrangement or not.

texlawyer :

If it is a contested issue, he will have to be here for the custody hearings.

Customer:

if he did the full divorce at this time he would have to give her custody since he would be unable to take the children now. and she will not give up custody of her own accord. will that impact futher negotations.

texlawyer :

If it is an agreed custody agreement, then they could agree to give her custody now, but that it will change to whatever arrangemnt they come up with upon his return.

texlawyer :

But, if it is a contested, he will have to appear.

Customer:

can you suggest any other way to stop her from ruining his credit other than filing charges against her for forging his signature

texlawyer :

He needs to get letters to the credit card companies and credit agencies that no lines of credit are to be opened under his name. They can put a fraud warning on his file.

Customer:

thank you I will tell him

texlawyer :

Just so you know, they will ask if he filed a police report.

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