Legal Question in Family Law in Virginia

Separation/Divorce

I have two questions today.

First question, my separation covers two states (I currently live in Va.) and my wife (lives in Md.) and she has filed for divorce first. Does or will our divorce fall under Md state laws, since she filed first? Or should I go ahead and file?

Second question, my wife and I have been trying to work things out. Counseling, church, etc.. If we cohabitate even for ONE nite (under the same roof) by maryland laws thats still cohabitation. Does that VOID out the paperwork she has filed? Or does it mean the clock starts all over again for the one yr of separation?

Thank you for your time. I look forward to hearing from you


Asked on 3/18/08, 9:23 am

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

Re: Separation/Divorce

Yes, Maryland law will control.

And, the supposedly one night cohabitation which you've described

could indeed be enough to require that "the clock starts all over again for the one year of separation", and that the paperwork be amended to reflect the new facts regarding the marital situation.

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Answered on 3/18/08, 11:08 pm


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