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Old 02-25-2009, 02:17 PM
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Join Date: Feb 2009
Posts: 2

a few questions for pending divorce**************...


What is the name of your state (only U.S. law)? Virginia

I have just a few questions to ask before I start my divorce process. My marriage took place five years ago in Virginia. It was a very physically abusive relationship towards me from the onset, and two years ago I left Virginia and moved to California after a particularly severe incident. I have had very minimal contact with my wife in that two year span and have finally gotten settled enough to initiate the divorce process. I have just a few questions that I would like to know before I file:

1) I recall that in Virginia, a married couple needs to file for legal separation and then remain in that separated state for 1 year before divorce may be filed. Is that the case? We haven't legally resided together for over 2 years.

2) My wife has two children from a previous relationship and when we got married, I legally adopted them. Is there a way to mutually dissolve that, thus absolving my legal obligation?

3) Since I have been gone, the my wife has been getting money from the state of Virginia. I have been told that upon getting a divorce, I will be responsible for paying back the money to the state. I plan on filing for bankruptcy soon after my divorce procedings. Will I be able to add the money owed to the state to my bankruptcy case?

4) In order to save money, I had planned to file the initial divorce paperwork myself. I had heard that it's feasible that an individual can file their own divorce paperwork. I plan on retaining a lawyer if a dispute arises. Do you typically advise against an individual filing their own divorce paperwork, or can it work out?What is the name of your state (only U.S. law)?
  #2  
Old 02-25-2009, 02:30 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,766
Quote:
What is the name of your state (only U.S. law)? Virginia

I have just a few questions to ask before I start my divorce process. My marriage took place five years ago in Virginia. It was a very physically abusive relationship towards me from the onset, and two years ago I left Virginia and moved to California after a particularly severe incident. I have had very minimal contact with my wife in that two year span and have finally gotten settled enough to initiate the divorce process. I have just a few questions that I would like to know before I file:

1) I recall that in Virginia, a married couple needs to file for legal separation and then remain in that separated state for 1 year before divorce may be filed. Is that the case? We haven't legally resided together for over 2 years.
Okay and you have lived in California. hence you file in California for divorce.

Quote:
2) My wife has two children from a previous relationship and when we got married, I legally adopted them. Is there a way to mutually dissolve that, thus absolving my legal obligation?
No and you are scum for suggesting it. THESE CHILDREN ARE YOUR CHILDREN. And you can just walk away from them without any care in the world. May you never ever have children again if you can treat them like garbage. You will be responsible for them financially.

Quote:
3) Since I have been gone, the my wife has been getting money from the state of Virginia. I have been told that upon getting a divorce, I will be responsible for paying back the money to the state. I plan on filing for bankruptcy soon after my divorce procedings. Will I be able to add the money owed to the state to my bankruptcy case?
Nope. Because that money will be considered as a child support payment. HENCE you will be paying child support and that is not dischargeable.
Quote:

4) In order to save money, I had planned to file the initial divorce paperwork myself. I had heard that it's feasible that an individual can file their own divorce paperwork. I plan on retaining a lawyer if a dispute arises. Do you typically advise against an individual filing their own divorce paperwork, or can it work out?What is the name of your state (only U.S. law)?
I typically don't advise deadbeats at all.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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