Yes. You can always get divorced. But, you now have a contested divorce on your hands that will probably cost you a fortune. Maybe you can find the words to convince him to mediate. 90-95% of all divorce cases settle. It just depends on whether you want to start with a litigation mentality (lawyers and $$$) and then end up settling OR starting with a settlement mentality (mediation) and savings tons of $$$.
My legal spouse and I dwell in the same house, but have slept in separate rooms and have separate bathrooms and only use common areas of living room and kitchen. I am on disability. Does the 6-12 month separation apply in Virginia when there has been no intimacy in over a decade and taxes have been filed separately for years? Over 25 years of marriage and no minor children involved
Hi - Got court marriage in Virginia. Living seperately. He wants divorce and has sent me a hopelessly one sided marital settlement agrt. It says we are considered seperate and divorced the moment i sign the agrt. I cant ask for any discovery of his finances. But he would pay me partially a piddly sum of money only after divorce decree and balance in 15 instalments. I am not in US and dont have a US visa. Obviously I cant enforce this agrt if he non complies. Besides, i dont know if i should quote a random number for settlement or go through court process to determine what he should owe me. What do you advise?
Sounds like your spouse is lawyered-up. You need a lawyer, too. Never sign a settlement agreement that has been drafted by your spouse's attorney without having it reviewed first by an attorney. Attorney negotiations and reviews of documents will not necessary result in a court battle -- unless one of the spouses wants it to be that way. Attorneys are also legal consultants (not just in for the courtroom drama).
@@rgraine1196 okay. thanks. I am an attorney in India - but work for a company and not a law firm and basically deal on commercial contracts. I don’t know whether to quote him a random number for settlement or engage someone to divide the property as per the rights given under law. We both had houses on loan in our name when we got married for which we continued to pay loan instalments seperately. How much does it cost in US to take advice on whether to engage a lawyer for claiming what I am entitled to under law or ask for a random number ?
@@purpleangel6099 You need to know what the legal, tax, and financial implications are before you settle. Talk with an attorney or mediator (who knows the law). To get a thorough answer, you will need top pay their hourly rate. Nothing is as simple as it seems. Get professional advice. It will save you time and money in the long run.
Hey, really appreciate your work. You mentioned you don't take DV cases as a mediator but the courts dont take my DV situation into consideration. They didn't care for any proof of DV so I can divorce him. Spouse also wont leave the home. What does someone do at that point?
I think you need a good attorney to get the point across with convincing evidence. You really want to have police reports, medical reports, eye witnesses. However, you do not need to prove abuse to get divorced. You have the right to get a divorce without fault grounds in every state in the USA. You cannot be forced to stay married. However, if your goal is not divorce, but to force your spouse to leave the marital residence, you will need adequate proof of domestic violence (or other scary behavior). You might not need your spouse to leave the home, though, in order to get a divorce. I do not know where you live; but in Virginia that is usually not necessary. A couple can meet their required period of time living separate and apart while under the same roof. The same might be true where you live. Both spouses do not need to agree on this, either. If your spouse doesn't want a divorce, though, you will need to be careful in how you interact with him/her to make sure you are within your state's rules about what it means to "live separate and apart". Finally, if you are being physically abused, you need to protect yourself. Get yourself safe. That is your priority.
I am on dependent visa .Please let me what steps I have to take for my Divorce.I have kid and I don’t have any money.I am fully dependent whom but I can’t stay with him
First thing you need to do is see an immigration attorney to determine how a divorce will affect your status in USA. Then, if you can talk with your husband and you trust him to tell the truth about money, you can probably mediate your divorce settlement. If you do not trust him, or if you are scared of him, you need an attorney right away.
It sounds like you have a temporary order for custody and child support that you did yourself? The next stage is probably to hire a mediator or lawyer to see you through the settlement of the remainder of the issues in your case and prepare and file the divorce paperwork. The steps are different depending on where you live. If you are in Virginia, I can help. If you are in another state, you need to contact a mediator or attorney in that state. Good luck!
My wife moved out of the house last year because she said she couldn’t trust me She wrote a 2 page memo requesting things to take out of the house I agreed to those things We were only married 3 years, no retirement the house was mine prior to marriage with one child We talk everyday it seems civil How do we proceed and just simply get a divorce with joint custody
Where you get married is not a problem ... unless that marriage would not be recognized in the USA. I work in the Washington, DC suburbs (Virginia), which is a very international community. I have never seen this as a problem in terms of a Virginia couple getting divorced in Virginia.
My husband served me with papers. After I had to leave with my kids,because of my domestic violence situation. I am having to find a divorce attorney and have no money. Barely have time to answer. Any recommendations for a pro bono in Va? Can’t seem to find any.😰😔
Hi Joyful Lifestyle. Sorry to hear about your terrible situation. I recommend you contact your local bar association and ask for a referral to a pro bono attorney or Legal Aid attorney. I wish the best for you and your children.
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Uncontested divorce in virginia. My question is he wont sign rhe papers can i still get the divorce?
Yes. You can always get divorced. But, you now have a contested divorce on your hands that will probably cost you a fortune. Maybe you can find the words to convince him to mediate. 90-95% of all divorce cases settle. It just depends on whether you want to start with a litigation mentality (lawyers and $$$) and then end up settling OR starting with a settlement mentality (mediation) and savings tons of $$$.
My legal spouse and I dwell in the same house, but have slept in separate rooms and have separate bathrooms and only use common areas of living room and kitchen. I am on disability. Does the 6-12 month separation apply in Virginia when there has been no intimacy in over a decade and taxes have been filed separately for years? Over 25 years of marriage and no minor children involved
Research "Bed and Board" that sounds like your situation. There is also something called "limited Divorce" if no division of property is involved.
Hi - Got court marriage in Virginia. Living seperately. He wants divorce and has sent me a hopelessly one sided marital settlement agrt. It says we are considered seperate and divorced the moment i sign the agrt. I cant ask for any discovery of his finances. But he would pay me partially a piddly sum of money only after divorce decree and balance in 15 instalments. I am not in US and dont have a US visa. Obviously I cant enforce this agrt if he non complies. Besides, i dont know if i should quote a random number for settlement or go through court process to determine what he should owe me. What do you advise?
Sounds like your spouse is lawyered-up. You need a lawyer, too. Never sign a settlement agreement that has been drafted by your spouse's attorney without having it reviewed first by an attorney. Attorney negotiations and reviews of documents will not necessary result in a court battle -- unless one of the spouses wants it to be that way. Attorneys are also legal consultants (not just in for the courtroom drama).
@@rgraine1196 okay. thanks. I am an attorney in India - but work for a company and not a law firm and basically deal on commercial contracts. I don’t know whether to quote him a random number for settlement or engage someone to divide the property as per the rights given under law. We both had houses on loan in our name when we got married for which we continued to pay loan instalments seperately. How much does it cost in US to take advice on whether to engage a lawyer for claiming what I am entitled to under law or ask for a random number ?
Basically how much does it cost to get advice on the contours of settlement?
@@purpleangel6099 I am not sure I understand the question. For Virginia residents, I offer a free 15-min pre-mediation phone consultation per spouse.
@@purpleangel6099 You need to know what the legal, tax, and financial implications are before you settle. Talk with an attorney or mediator (who knows the law). To get a thorough answer, you will need top pay their hourly rate. Nothing is as simple as it seems. Get professional advice. It will save you time and money in the long run.
Hey, really appreciate your work. You mentioned you don't take DV cases as a mediator but the courts dont take my DV situation into consideration. They didn't care for any proof of DV so I can divorce him. Spouse also wont leave the home. What does someone do at that point?
I think you need a good attorney to get the point across with convincing evidence. You really want to have police reports, medical reports, eye witnesses. However, you do not need to prove abuse to get divorced.
You have the right to get a divorce without fault grounds in every state in the USA. You cannot be forced to stay married. However, if your goal is not divorce, but to force your spouse to leave the marital residence, you will need adequate proof of domestic violence (or other scary behavior).
You might not need your spouse to leave the home, though, in order to get a divorce. I do not know where you live; but in Virginia that is usually not necessary. A couple can meet their required period of time living separate and apart while under the same roof. The same might be true where you live. Both spouses do not need to agree on this, either. If your spouse doesn't want a divorce, though, you will need to be careful in how you interact with him/her to make sure you are within your state's rules about what it means to "live separate and apart".
Finally, if you are being physically abused, you need to protect yourself. Get yourself safe. That is your priority.
I am on dependent visa .Please let me what steps I have to take for my Divorce.I have kid and I don’t have any money.I am fully dependent whom but I can’t stay with him
First thing you need to do is see an immigration attorney to determine how a divorce will affect your status in USA. Then, if you can talk with your husband and you trust him to tell the truth about money, you can probably mediate your divorce settlement. If you do not trust him, or if you are scared of him, you need an attorney right away.
I need help with my divorce. I already have custody & child support. I don’t know what to do next.
It sounds like you have a temporary order for custody and child support that you did yourself? The next stage is probably to hire a mediator or lawyer to see you through the settlement of the remainder of the issues in your case and prepare and file the divorce paperwork. The steps are different depending on where you live. If you are in Virginia, I can help. If you are in another state, you need to contact a mediator or attorney in that state. Good luck!
My wife moved out of the house last year because she said she couldn’t trust me
She wrote a 2 page memo requesting things to take out of the house I agreed to those things
We were only married 3 years, no retirement the house was mine prior to marriage with one child
We talk everyday it seems civil
How do we proceed and just simply get a divorce with joint custody
What if you didn’t married in USA
Where you get married is not a problem ... unless that marriage would not be recognized in the USA. I work in the Washington, DC suburbs (Virginia), which is a very international community. I have never seen this as a problem in terms of a Virginia couple getting divorced in Virginia.
My husband served me with papers. After I had to leave with my kids,because of my domestic violence situation. I am having to find a divorce attorney and have no money. Barely have time to answer. Any recommendations for a pro bono in Va? Can’t seem to find any.😰😔
Hi Joyful Lifestyle. Sorry to hear about your terrible situation. I recommend you contact your local bar association and ask for a referral to a pro bono attorney or Legal Aid attorney. I wish the best for you and your children.
@@rgraine1196 Talked to my Legal Aid attorney. Thank you so much for taking the time to reply. Have a great day.
@@naileenlifestyletv How did your divorce go? Hope you're doing well now. ;-)