4/18/2024 0 Comments Sample motion to dismiss virginiaThe Defendant can file an Answer with the Court and serve it on the Plaintiff. The Defendant will have 20 days to respond. The Plaintiff must be able to prove a set of facts in court (and probably to a jury) that they are entitled to the relief they requested in the Complaint. At that point the gentleman man got back in his truck and shortly pulled out in front of my husband and stalled his truck.Once a legal action has been filed and a Complaint has been served on the other party, what is the other party (the Defendant) to do? The Plaintiff has made allegations against the Defendant and requested the Court to do something. He stated no he couldn't allow him in they were closing for the day. The witness was closing the gate from his work near the accident and stated the man was pulled over having mechanical issues and wanted to pull into the gate that the witness was closing. We have a witness to the accident stating this was not my husband's fault. This accident was not whole front end to whole rear end accident but my husband was given the ticket of following to close. Hitting him in the left rear with the right front of his truck. Another truck was pulled over close to the edge of the road, my husband went to go around him and he pulled out and then his truck stalled causing my husband (who mind you was driving a heavy box truck) couldn't stop in time. Late October he was driving his truck down a two way road. My husbands record only shows a tinted windows infraction in 2006. can Texas be overturned?įirst off I'd like to say my husband and I have spotless driving records. 10 days later, he filed in Texas to avoid spousal support. 13 months later, I filed Fault Divorce in Virginia. 1 year later, we relocated back for the Annuity plus Salary he wanted. We had the savings plus money by selling our home to build our log home as planned? Instead moved back into our old house in Houston. We lived longer because he expected new Division to open soon & get Annuity & Rehired Salary. When he retired, he said Government messed up and gave/closed entire TSP (Thrift Savings) $335,000. He made me donate premarital antiques just after Dad passed away, rent marital home out to relocate to Headquarters in Alexandria, Virginia in 2011 before retiring. He insisted this was all going to “Our Federal Thrift Savings Plan” to build a log home when he had to retire at 57 in 7/2013. I started receiving disability & had to give him rental income from Dad’s home estate rented out. Plus any extra money from Bonus, Father’s life insurance. Ever since we married, he made me pay minimum on my credit cards & give him all the rest. I worked until after wreck disabled me in February 2011. A) How can she prove a material change in circumstances from a baseline of insufficient evidence? B) Am I crazy or does it seem like 9 days is a little short to claim a material change and exorcise a reservation? C) Based on the fact that the judge mentions she is claiming to have cancer and that she says she is unemployed and a full time student and yet still awarded no support how could she possibly prove her conditions have worsened to justify a material change? My understanding, based on a laymans reading, is that she needs to prove a material change in circumstances in order to ask for support using her reservation. In the judges opinion, he mentions that she is claiming to have cancer and that she is a full time student and not working. Nine days after the decree was signed my ex went to the JDR court and filed a petition for spousal support. She filed a motion to reopen the case so more evidence could be put on. The judge found that he had insufficient evidence to award support and to do so would be "purely speculative". My ex wife was not awarded support at our divorce.
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