DoI have to be separted from my husband to get a divorce?

Should I consult with a divorce attorney? In Suffolk County, VA.

Asked on October 1, 2010 under Family Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In some state no; in other states yes.  My understanding is that in VA, for divorces based upon either desertion or cruelty, a 1 year separation (ie physical separation) is required to finalize a divorce; there is no waiting period required if adultery has been committed (upon proof of adultery a divorce can be granted immediately by a court); no-fault divorces either a separation period of 1 year, or 6 months if there are no minor children and there is a written separation agreement. At this point you should consult directly with a divorce attorney in your area.

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