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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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What rights do I have in the State of Virginia if my husband

Resolved Question:

What rights do I have in the State of Virginia if my husband of 23 1/2 years refuses to take care of me any more because I'm ill? I told him to leave because he has been so verbally abusive and demeaning that I can't take it any more, but now there is ultimate caos in the house because of my 20 year old son. My husband and I got along so wonderfully before I got sick. What are my rights as a chronically ill person and are there resources available to help me with mobility (grocery stores, etc?)
Submitted: 8 years ago via USLaw.
Category: Legal
Expert:  Andrea, Esq. replied 8 years ago.

Good Evening,


Thank you for choosing JustAnswer. I will be glad to help you.


While your husband is not legally obligatesd to help you physically, he does have the legal obligation to support you financially.


Therefore, I would suggest you immediately go to Family Court or whatever name that division has in Virginia and if divorce proceedings have NOT yet been started, you file a "Petition for Spousal Support"; the amount you will be awarded by the Court is determined by your husband's income. In addition, if you can show the Court that you have extraordinary needs because of you illness, imobility, medicines you are required to take, etc., you can ask the Court to go outside the support guidelines and award you a greater amount than that provided in the Support Guidelines.


If divorce proceedings have started, in other words you or he, has filed a "Complaint in Divorce" then you would file a Petition for APL (alimony pendente let) which is almony during the divorce proceedings and you will also request the court to award you Interim Counsel Fees.


The APL amount is calculated in the same way, the same factors are considered as in Spousal Support and is in the same amount as Spousal Support, it's just given a different name.


At the time of equitable distribution (division of marital assets) you or your attorney will ask the Court to award a majority of the marital property based on thew fact that you sacrificed the income you would have made had you gone to work, for thew sake of raising the children, keeping house, cleaning, keeping your husband in clean clothes, etc, At this time, you will also file a Petition for Alimony and Final Counsel Fees.


I hop this has clarified some of your options. Kindly press the "ACCEPT" button so that I may receive credit for my work. Leaving positive feedback, Bonus, etc., is always appreciated.


Thank you and Good Luck!


ANDREA - Attorney at Law & Legal Expert

Andrea, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.

Winktitle="Wink" width="18" height="18"/>SmileThank you Andrea, I have been just sick. I saw a "Separation Contract" in a law book and he has been forthcoming in taking care of financial stuff, but I don't want that to change if another "Hottie" comes into the picture or he decides to move home (3 hours a way). I have saved your Information and I so appreciate your kindness and willingness to help me. God Bless You.

In Christ†-

Customer: replied 8 years ago.

Tongue outOh! Did you answer about questions regarding where I can get help for mobility etc.? I'm not crippled, Chronic Fatigue Syndrome zaps your energy all the time, every minute of every day plus I have Narcolepsy which does the same thing and I just started driving again after 2 years of not due to not being able to stay awake.

Thank you!

Expert:  Andrea, Esq. replied 8 years ago.

Yaou are very, very welcome,


Keep my notes and refer to them as often as necessary. If you have any questions in the future, please feel free to ask for me- Andrea


It's all well and good that he takes care of the financial "stuff" as you say, but don't you desrve some pocket money, too?


As for getting around, I do not know off hand, but my starting point would be the Social Security office in you immediate area - I know they do not provide it, but I am sure they come in contact with many people in your position and they might have heard of a few.


Some large supermarkets have free van service, so you might call yp the ones in your area and ask if they offer this service.


For general shopping, some shopping centers, both small and large offer this same van service, so call the various shopping areas and malls.


Churches and community centers often offer this service, so you can call them.


If one says they do not offer the service, they just might know or have heard from others the name of services. Do not despair, have faith and you will achieve everything you set out to do.


Take care of yourself and again, thank you for allowing me to help you.


ANDREA - Attorney at Law & Legal Expert