Full question:
Me and my wife are separated, she has two children from her first marriage that I have not legally adopted. We also have some debt together and two vehicles one in each of our names. We will be getting a divorce, but VA requires a legal separation. Which which document do we need to file? Thank you for your assistance.
- Category: Divorce
- Date:
- State: Virginia
Answer:
The divorce process begins with the filing of the divorce petition. If you wish to have a separation agreement between the spouses prior to the divorce, you may also create a separation agreement. VA law states that in a an agreement between the parties pursuant to §§ 20-109 and 20-109.1 amy be incorporated into a divorce decree. Agreements, otherwise valid as contracts, entered into between spouses prior to the marriage are recognized and enforceable.
Divorce may be granted in Virginia on a no-fault or fault/grounds basis. Adultery is a grounds for divorce in Virginia. Virginia law allows for no-fault divorces to granted if the parties seeking the divorce have lived separate and apart without cohabitation for an uninterrupted period of one (1) year. If the parties have entered into a separation agreement, there are no children borne of the marriage or adopted by the parties and both parties have lived separate and apart without cohabitation for an uninterrupted period of six (6) months, the court may also grant a no-fault decree of divorce. The timeline for granting a divorce decree will depend on the court's docket, as some judges and courts are busier than others. You might call the clerk of courts at the local court to inquire about timeframes.
Living in the same house but in separate rooms isn't considered separated, the spouses must not be residing in the same home. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home may be considered by the court in awarding support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
