FREE CONSULTATION - 757.491.4141

FAQ (Frequently Asked Questions)

PERSONAL INJURY

I’ve been injured in an accident, what do I need to do?

Your health comes first. Get to a physician right away and follow his or her advice. Secondly, it is never too early to get in touch with an attorney. Even if you don’t think you need representation, a quick FREE telephone call to Thomas, Adams & Associates, P.C., P.C. will quickly let you know what your legal rights are in your particular situation.

Just after my accident, the other insurance company was calling me to give them a recorded statement. What should I do?

You have legal or contractual duty to cooperate with the insurance company for the person who hit you. Giving them a recorded statement is dangerous because it locks you into a set of facts that might well be used against you in the future. Call an attorney first to find out what your rights are.

What makes the attorneys at Thomas & Associates, P.C. the right ones for my personal injury case?

Thomas, Adams & Associates, P.C. has eight attorneys and years of legal experience ready to be put to work in your case. Our experience in dealing with the insurance companies and in the courtroom will help make certain that your rights are preserved and you don’t get taken advantage of by the insurance companies who are not out for your best interests. When you call Thomas, Adams & Associates, P.C., you will be able to speak directly to an attorney and have a professional relationship with counsel who is dedicated to helping you.

FAMILY LAW

What’s the difference between an uncontested and contested divorce?

An uncontested divorce means both spouses have agreed on all issues, including property division, custody, visitation, and support. A contested divorce occurs when the parties disagree on one or more of those issues — equitable distribution, child custody or visitation, or spousal support — and a court must resolve the dispute. Contested cases take longer and cost more. If there is any chance of reaching an agreement, our attorneys will work to get you there. When that is not possible, we pursue every legal avenue aggressively on your behalf.

How Long Do You Have to Be Separated Before Filing for Divorce in Virginia?

No. Virginia law does allow spouses to live separate and apart under the same roof, but the rules are strict. You must stop functioning as a married couple — no shared meals, no shared finances, no marital intimacy — and at least one spouse must have communicated a clear, permanent intent to end the marriage. Courts scrutinize same-residence separation claims closely. We strongly recommend documenting your separation date in writing, whether by email, text, or a signed memorandum. Our team can advise you on what evidence will hold up if the date is ever challenged.

Do I Have to Move Out of the House to Be "Separated" in Virginia?

Virginia law requires that spouses live “separate and apart” for a specific period before a no-fault divorce can be granted. If you have no minor children and you have signed a written separation agreement, that period is six months. If you have minor children, or no signed agreement, the required separation period is one year. You do not need to file any paperwork to begin the separation period — it starts when at least one spouse intends the marriage to be permanently over and the parties begin living apart. Getting the date of separation documented correctly matters: it affects property division, support calculations, and your filing timeline.

Do you need to have a document to be separated?

No. You need an intention to live apart from your spouse permanently and separately. Note that living separately may mean at opposite ends of the house.

Do you need to have a separation agreement if you have no assets or have been married for a very short time?

It is highly recommended.

What Issues Does a Norfolk, VA Divorce Attorney Handle?

At Thomas, Adams & Associates, P.C., our divorce attorneys serving Norfolk handle the full range of family law matters, including equitable distribution of marital property and debt, child custody and visitation, child support, spousal support, and separation agreements. Virginia is an equitable distribution state, meaning the court divides marital property fairly — not necessarily equally. Fault (such as adultery or desertion) can affect both spousal support awards and property division outcomes under Virginia law. Having an attorney who understands how Norfolk circuit court weighs those factors is critical to protecting your interests.

Does Virginia Recognize Fault in Divorce, and Does It Matter?

Yes. Virginia recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, cruelty, willful desertion, and felony conviction. Proving fault can directly impact the outcome of your case: adultery can bar the offending spouse from receiving spousal support, and fault is a statutory factor in the equitable distribution of marital property. If fault is relevant to your situation, our attorneys know how to document and present it effectively — and how to defend against a fault allegation made against you.

Is a Free Consultation Available for Divorce Cases in Norfolk, VA?

Yes. We offer a free initial consultation for prospective clients in Norfolk, VA and throughout southeastern Virginia. There are no hidden costs to get started, and our fees are competitive hourly rates with no surprises. To schedule your consultation, call us at 757-491-4141, email thomasandadams@talawgroup.com, or use the contact form on our website. You can also find us at Thomas, Adams & Associates on Google Maps.

COLLECTIONS

How much does it cost to have Thomas and Associates collect?

Nothing unless we collect something for you.

Will I have to go to court?

Possibly. It depends on whether or not the debtor contests the debt.

Can I make the debtor pay my attorney’s fees?

Yes. If the written contract between the parties allows for it, or there is a statutory provision authorizing it.

CRIMINAL LAW

What is the difference between a misdemeanor and a felony?

A misdemeanor is punishable by up to 12 months in prison and a $2,500 fine. A felony is punishable by 1 year or more plus a fine.

Will I lose any rights if I am convicted of a crime?

You may lose some Constitutional rights if convicted of a crime.

Will a charge be on my record if it is dismissed?

If a charge against you is dismissed, it will still be on your record unless you submit a request to have it expunged.

CONDO LAW

I don't like my board. What can I do?

Participate. Be involved. Run for office. It is your association – be a part of it.

I don't like my association's rule. Do I have to obey them?

Yes. You can try to get them changed though.

Our assessments seem to go up every year, even though we have thousands of dollars in reserve. What can be done about this?

State law requires that the association have adequate money as reserve funds to, among other things, replace and repair the Association’s capital components. It is better to have extra money now than to not have money when you need it.