Can I get a divorce without a separation agreement in place if we have been physically separated for almost 9 years?

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Can I get a divorce without a separation agreement in place if we have been physically separated for almost 9 years?

There is a minor child involved.

Asked on November 1, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Virginia has a couple of sections which would be applicable to your situation.  One is for spouses who have lived apart for more than one year.  In this type of situation, you are not required to have a separation agreement.   If you are seeking a divorce after only six months apart, then a separation agreement would be required.  You don't explain how the separation occurred, but dessertion may be an additional basis for filing for divorce.  This basis does not require a separation agreement either.  So the bottom line is that you actually have at least one basis for getting a divorce and may have a secondary basis depending on how the separation arose. 


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