Legal Question in Family Law in Virginia

Re: I need a lawyer

Your statement is not 100% clear, but it sounds like an action has been started in Virginia. If that is true, then you may not start a new one in NY. You need to fight this in Virginia.

On the plus side, you can ask the court for a lawyer and there are many free lawyers for a person in your situatuion. Further, your lawyer may ask the court to require your ex to pay for the lawyer.

The lack of money will not prevent you from getting a competant lawyer. Good luck.

Re: I need a lawyer

1. Visitation jurisdiction

2. Divorce Jurisdiction

1. You say "and I could not see my daughter unless I paid, I had no money." I am unclear why you would have to pay to see your daughter. Child support and visitation are separate issues. I often counsel men that they must still pay child support even if they never see thier child. If you mean you could not pay to have proper representation to secure visitation rights, I sympathize with that.

You say "he refuses to let me see her." In all 50 states you have rights to have a relationship with your child. Your visitation may be limited or restricted but a Court would have to believe you pose a threat to the child before they would deny ANY visitation rights. More likely, you cannot aford to litigate your rights and since he has control, you are powerless. If you presented an adequate case on visitation, you would secure some rights. You have alot of problems (distance, time apart), but you have to start somewhere if you're ever going to be a mother to this child.

2. You have marital rights to any marital property which is defined as anything acquired DURING the marriage. Anything purchased with marital income (one's paycheck) is marital property. Even if your name is not on the Deed, if the house was purchased with marital funds, it is arguably marital property, arguably half of which you'd be entitled to. He might be entitled to be credited the amount of PRINCIPLE (including taxes and insurance) that he has paid on your behalf. It is a very complicated area of the law and you are right when you say you need a lawyer. And a good one.

One can file a divorce in any state in which one is a resident (six month residency requirement). It would make no sense to file a NY divorce now that one is filed in VA unless the bulk of the property was located there. Then youo would have to argue which Court should prevail as your first issue of litigation. In any State Court you can only be represented before that Court by a lawyer licensed to practise law in that State. Meaning you will need a Virginia divorce lawyer. You can ask people you know here, you can call the Virginia State Bar who will put you in touch with the Viginia Lawyer Referral Service who will recommend family lawyers in the area of the state in which the case is filed. Or you can open the Yellow Pages at your local public library for the area of Virginia you need and look at people's ads and start making calls. You can look on the Internet but for me the listings have no personality and I wonder how would you get a feeling for anybody. You need someone you can talk to and who will be honest with you and competent to practise. Sorry, they cost about $200 an hour. Divorces run 3-6,000. I wish I could say a good lawyer doesn't matter. But, if you are entitled to a nice sum of equity from the home, it may end of paying for itself.

Good luck.