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Divorce Q & A

Uncontested divorce with no children: i am seeking an uncontested divorce. there are no children between us and i have moved away from marital home. do i have to file now for the 6 month waiting period to officially start or do i file after 6 months of living apart?

The clock is ticking on your separation. In order to file for a divorce after living separate and apart for six months you have to have a written agreement and no minor children. After you have lived separate and apart for six months and have a notarized separation agreement you may file for an uncontested divorce.

My boyfriend was just served with a show cause notice to appear in court in Virginia, please help us!: My boyfriend was just served with a show cause notice to appear in court in Nelson County Virginia. His ex wife is accusing him of breaking their custody agreement by not showing up with their daughter at their designated meeting place on their custody order. He did show up and has a receipt of purchase from the McDonalds they are supposed to meet at on the date she is accusing him of not being there. I want to find out if he should have a lawyer help him through this court appearance, how much it would cost, if he can get a judge to make her pay for his lawyer since she is claiming false allegations, and also how much evidence he is allowed to bring up in court for all of the stuff she has broken in their custody agreement.

It sounds like you took advice from a G.A.L. by purchasing a coke at the meeting place in order to be able to track that he was there at a certain time. A show cause is serious because being held in contempt of a court order can ultimately be punished by incarceration. I highly recommend that your boyfriend hire an attorney to represent him in the show cause.

My ex pays arrearages for two adult children and my minor gets nothing. if i file does he still have to pay for the adults too?: My ex pays arrearages for two adult children and my minor gets nothing. if i file does he still have to pay for the adults too? He is finally working after years of unemployment and I dont want to put him in a situation where he cannot afford to pay because of his existing order on his adult children -who both have jobs. His ex intentionally set out to get him becuase she is unemployed and is living off his money, she told me this herself! I was told by a friend who has a law degree but practices corporate law that the minor child would trump the adult children and he would not have to pay both..but I want to be sure as he is willing to help out and I dont want to bankrupt him.

First of all I believe it is important to make sure you are asking your family law question to a person that has experience in family law. If you file a petition for child support he would have to pay the support for your minor child and he would have to continue to make payments on the arrears. Child support is court ordered and if he does not fulfill his obligation you can pursue a show cause against him for failure to comply with the court orders. However you do not have to pursue a show cause if you choose not to harm him financially.

Genene E. Saunders, associate attorney, is a Virginia Beach native. She received her law degree (juris doctorate) from Regent University School of Law. She also received her bachelor degree from Longwood University. Genene is admitted to practice in Virginia and practices in the areas of family law and bankruptcy.

saunders@mernalaw.com

REQUIRED BAR NOTICE: THESE TESTIMONIALS DO NOT GUARANTEE SIMILAR RESULTS.

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