Can I file a divorce without a separation agreement?

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Can I file a divorce without a separation agreement?

I live in VA. I’ve been separated from my wife for over a year. She refuses to sign a separation agreement because I am asking for her to pay for her half of our credit card debt. That is my only condition. I entered the marriage with a bankruptcy but no debt. All debt incurred was during our marriage. We had joint checking accounts and filed jointly for 4 of the 5 years we were married. The last year we had separate bank accounts but still filed jointly in our taxes. No debt was put on the credit cards that last year. Will my wife still be liable for her half of our credit card debt?

Asked on May 31, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, filing for separation is not a requirement to filing for divorce. So the answer to your question is yes,you can file for divorce if your wife refuses to come to an amicable agreement.  now, as for division of assets and division of debt, one would need to look at the whole picture.  But again, the courts are going to distribute both equitably between you and based upon the circumstances. I would seek legal counsel in your area on the matter as soon as you can.  You seem to have been very patient and have waited long enough. Time to move on with your life.  Good luck to you.


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