Attorney Guru
Jennifer D. Cisneros is a mom and practicing attorney with Whitbeck & Cisneros, P.C. and is available to answer your questions anytime at iammodern.com. You can reach her at 703-777-1795.
All opinions from Guru experts are based on available and presented information. The expressed opinions are not a substitute for medical or psychological care and should not be viewed as such.
| Attorney Guru: In-House Separation |
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| Written by Question from a Reader | |
| Tuesday, 31 August 2010 19:51 | |
 Question: We' ve been married 7 years and have a 5-yo daughter (and my 15-yo son from my previous marriage). We are doing an in-house separation for now, until I get a job. We'd have an uncontested divorce, so do we need to wait the one year? And what are the guidelines for in-house separation? I'd hate to file in August 2011 and have a judge tell us that we didn't meet the criteria, so we have to start all over again.Jennifer Cisneros (Attorney Guru): The short answer is yes, you do have to be separated for one year before finalizing your divorce, even in uncontested divorces. The Virginia Code requires you to be separated for one year if you have a minor child. |
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| Read more: Attorney Guru: In-House Separation |
| Attorney Guru: Tenant & Landlord |
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| Written by ATTORNEY GURU | |
| Wednesday, 20 January 2010 00:05 | |
 QUESTION: Six months ago, I rented my house to someone ( PERSON A) . His son's mother and his son (TENANT 1) would going to live in the house. After 3 months, TENANT 1 left and PERSON A brought his relatives ( TENANT 2) to live in our house. Rent amount stayed same. They cleaned the house by themselves and started to live. We did not renew the contract with TENANT 2, but we still have contract with PERSON A until May 2010. His relatives live in our house now, but they have not paid rent for two months. In this case, who is responsible for the rent? ( the name on the contract -PERSON A or people who live in the house- TENANT 2) If we go to the court, who is in charge? Can we take legal actions against PERSON A? Thank you very much. |
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| Read more: Attorney Guru: Tenant & Landlord |
| is your marriage headed for divorce? |
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| Written by JENNIFER CISNEROS | |
| Monday, 26 October 2009 22:32 | |
 According to Divorce Magazine, 49% of all marriages in the United States will end in divorce. Th is means that almost half of all women will have to face a divorce in their lifetime. Being prepared is imperative to surviving one of life’s most stressful events. Here is list of “must dos” if you believe your marriage is headed for divorce.Have a plan: Since the divorce process usually last at least a year, it is important to have a realistic plan for how to care for yourself and children during the divorce without any fi nan- cial support or assistance from your spouse. Get Money: Have access to at least six months of living expenses before starting the divorce. Speak to an attorney to get an idea of how much the divorce will cost. Get Credit: It is important for you to have good credit and to have access to your own credit cards before starting the divorce in case of a fi nancial emergency. Don’t count on being able to get credit during or immediately aft er the divorce. Pay off Debt: Pay off as much of the debt in your name before starting the divorce. Th is will also reduce your monthly living expenses during the divorce. Update Work Skills: If you’re not employed, get your resume in order and skills updated. You will have to work; even if you and your spouse agreed during the marriage that you would stay home to care for the children. Avoid the misconception that it is better not to work or to limit your income in order to get more spousal support. |
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| Read more: is your marriage headed for divorce? |
| ATTORNEY GURU: Who keeps the engagement ring? |
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| Written by Jennifer Cisneros | |
| Thursday, 16 July 2009 23:18 | |
 Dear Attorney Guru,My fiancé walked out on me. Who keeps the engagement ring? Does it matter who breaks up with whom? That’s a very interesting question! This situation is rather common, which may be why Virginia has the “Heart Balm Act”. The Heart Balm Act (Va. Code Ann. § 8.01-220) is a law which bars legal cases based on a breach of a promise to marry. If you and your former fiancé had married, there would be no case. Your former fiancé wants the ring back now because the promise to marry was broken. Fortunately he is barred from that action by the Heart Balm Act, regardless of who broke the promise. Jennifer Cisneros |
| ATTORNEY GURU: Minor Age Child |
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| Written by Jennifer D. Cisneros | |
| Thursday, 09 April 2009 10:44 | |
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Q: I am just about to file for divorce and am wondering if I should wait until my daughter turns 18 in 6 weeks? Will it change my wait time in VA from the normal 12 mos? A: Vickie – Great question because this can be confusing. The question I have for you is whether this is a contested divorce or an uncontested divorce. In other words do you and your husband have a Property Settlement Agreement that settles all the issues in the divorce? If the answer is “yes” then Virginia Code § 20-91(A)(9)(a) provides you can receive a divorce after six months of separation only if you do not have any minor children. If this is the case, I would wait until your daughter is emancipated before filing. This means that if she is still in high school even after she turns 18, then she does not become emancipated until she graduates from high school or turns 19, whichever occurs first. If you do not have a Property Settlement Agreement then you will need to wait the full one year to file for divorce regardless of whether your daughter is a minor or not. The only way to file earlier is if can file your complaint for divorce on one of the three fault grounds, which are adultery, cruelty or desertion. Even then, it generally will not matter whether or not she is a minor at the time of filing. I hope this helps! |
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