Do I have to have my husband sign divorce paperwork if we have been separated over a year and he is living with someone else?

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Do I have to have my husband sign divorce paperwork if we have been separated over a year and he is living with someone else?

Asked on August 11, 2011 Virginia

Answers:

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

Answered 12 years ago | Contributor

I am a bit confused by this question.  So I think how I should start here is to give you the law for obtaining a divorce in Virginia.   In Virginia. No-Fault grounds for divorce: No-Fault: (1) living separate and apart without cohabitation for 1 year; or (2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement. [Code of Virginia; Title 20, Section 20-91].

Grounds  for Divorce in Virginia are:

(1) Adultery; or for sodomy or buggery committed outside the marriage;

(2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

(3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(4) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.  A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

[Code of Virginia; Title 20, Section 20-91].

When you say sign divorce paperwork what really do you mean?  Do you mean that you wish to obtain a divorce without his signature or participation or knowledge?  Being separate over a year means that you probably have grounds in your state as per the no fault statute. The "without cohabitation" means with out living with you.  Seek some legal help here.  Time to move on.  Good luck.


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