Legal Question in Family Law in Virginia

How long do i have to wait to file legal seperation papers in the state of Virginia. We have 1 child together and he is currently incarcerated on a charge of ASSAULT MALICIOUS WOUNDING STAB/CUT/WOUND W/MALICIOUS INTENT (grade A)(degree 3) although he is not yet convicted. I do not want to be with him ever again. I want to be able to divorce as quickly as possible and need to know if i even have to file seperation papers and if i do how long i have to wait.


Asked on 4/12/14, 7:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

One year of uninterrupted living separate and apart and without cohabitation, per Va. Code Sec. 20-91 subsection (9.)(a.). Subsection (3.) of

this statute would not appear applicable to your situation since your husband apparently has not yet been convicted of any felony charge.

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Answered on 4/13/14, 9:01 am


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