I live in VA and want to file for no-fault divorce with my husband. Do I have to file for a separation?

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I live in VA and want to file for no-fault divorce with my husband. Do I have to file for a separation?

How long would the separation have to to? Can we see other people during the seperation? Do we have to file for a separation for it to count or can we just be separated?

Asked on May 20, 2009 under Family Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Virginia lawyer, but some research suggests that living separate and apart, without interruption or cohabitation for one full year, is grounds for a divorce, and if you have no children, this can be reduced to six months.

As far as seeing other people during the separation goes, technically it would be adultery, although if neither of you brings it up in court, it's very unlikely anybody else would.

It's a bit more complicated if you do have children, and property and support issues have to be addressed as well.  If you want advice about how the Virginia laws apply to the unique facts of your case, you should talk to a qualified attorney, and one place you can find one is our website, http://attorneypages.com


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