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Divorce??

Posted by on Sep. 30, 2013 at 11:03 PM
  • 6 Replies
Have any of you filed for divorce in Virginia? Did you have a child with that person? I want to file for divorce but I don't want a long process. My husband and I have been married 7 years and have 1 child. She resides with me. He is employed and all but I get support from gov programs. I felt it was best since we was going through when she was an infant.

My concern is will they take her because he has a job and I depend on gov. Also he has 3 DUIs and no physical place to live.
by on Sep. 30, 2013 at 11:03 PM
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Replies (1-6):
krisnkids
by Gold Member on Oct. 1, 2013 at 6:50 AM
1 mom liked this

Being on government assistance is not a strike against you as a custodial parent. You already have her, something significant has to change in her life to override status quo. DUI's aren't the biggest strike against him but no place to live is. 

xyxyxx
by Member on Oct. 1, 2013 at 8:47 AM

I have filed for divorce in Virginia and 4 years later I am still awaiting the divorce decree, however, my ex fought me at every turn.  We had to go to trial for custody and visitation and child support.  He even appealed the child support ruling and I had to go back for that.  I won for lack of a better term, but he has issues and will fight for the sake of fighting.  That by no way means that your divorce will take a long time, I was just married to an ass, who I am happy to be rid of honestly!  I would try mediation first because most courts like to roll the custody/visitation and child support orders with the divorce decree.  If you can get those finalized through mediation, then after the year separation is up you can file for divorce.  The bonus of mediation is it is less expensive and let me tell you if you were married to an a**hole like I was, it can become very expensive very quickly.  While my attorney was good, she is the one who made the money.  

If you do end up having to go through the court system, make sure you request a Guardian ad Litem.  They work in the interest of the child and will make the decision based on who is better suited to provide for the child.  Accepting Government Assistance will not hinder that decision, but DUI's could. 

easinpc
by Gold Member on Oct. 1, 2013 at 1:32 PM

I did not, I'm from Iowa, but here's a bump for you!

babicakes19
by on Oct. 1, 2013 at 4:19 PM


Thanks

Quoting babicakes19:

Have any of you filed for divorce in Virginia? Did you have a child with that person? I want to file for divorce but I don't want a long process. My husband and I have been married 7 years and have 1 child. She resides with me. He is employed and all but I get support from gov programs. I felt it was best since we was going through when she was an infant.

My concern is will they take her because he has a job and I depend on gov. Also he has 3 DUIs and no physical place to live.



babicakes19
by on Oct. 1, 2013 at 4:20 PM

Thank you so much for the info. 


Quoting xyxyxx:

I have filed for divorce in Virginia and 4 years later I am still awaiting the divorce decree, however, my ex fought me at every turn.  We had to go to trial for custody and visitation and child support.  He even appealed the child support ruling and I had to go back for that.  I won for lack of a better term, but he has issues and will fight for the sake of fighting.  That by no way means that your divorce will take a long time, I was just married to an ass, who I am happy to be rid of honestly!  I would try mediation first because most courts like to roll the custody/visitation and child support orders with the divorce decree.  If you can get those finalized through mediation, then after the year separation is up you can file for divorce.  The bonus of mediation is it is less expensive and let me tell you if you were married to an a**hole like I was, it can become very expensive very quickly.  While my attorney was good, she is the one who made the money.  

If you do end up having to go through the court system, make sure you request a Guardian ad Litem.  They work in the interest of the child and will make the decision based on who is better suited to provide for the child.  Accepting Government Assistance will not hinder that decision, but DUI's could. 



faerie75
by Ruby Member on Oct. 1, 2013 at 5:09 PM

 lol, this is not always true. some are bureaucratic wastes of spaces.

Quoting xyxyxx:

If you do end up having to go through the court system, make sure you request a Guardian ad Litem.  They work in the interest of the child and will make the decision based on who is better suited to provide for the child. 

 

 
        
         

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