Full question:
I am married for six years and live in Virginia. But for the past two years, my husband and I have been living apart as total strangers and we have no contact with each other. We would like to file a divorce. Can this be used as a ground for divorce?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Virginia
Answer:
In Virginia, if spouses have lived separately without cohabitation for one year, either party can file for divorce. Since you and your husband have been living apart for two years with no contact, you can file for divorce on this basis.
This is outlined in Virginia Code Annotated § 20-91, which states that a divorce may be granted if the couple has lived separately and apart without cohabitation for one year. If there is a separation agreement and no minor children involved, the waiting period is reduced to six months.
Thus, you can proceed with filing for divorce based on your two years of separation.
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.