Legal Question in Family Law in Virginia
Assumption of spouses financial irresponsibility
My spouse cannot seem to remain employed because she
often ''doesn't feel like'' working at her job. She has
financial committments, (i.e. a vehicle payment and a
phone bill, that I'm not a co-signor to either) which
she expects me to help her pay whether she's working
or not.
Two years ago, I separated our finances and I pay
all the bills of the house which include afterschool
childcare for 2 children. She doesn't help with any
of the household bills because she claims she never
has the money, but I see her paystubs which say
different. Most importantly, I am in a constant
battle trying to avoid bankruptcy because I cannot
afford the lifestyle she desires.
My questions are, (1) Do I have the right to divorce
her because of her inability to meet her financial
committments or help in the household, and (2) How am
I supposed to be able to afford legal services and she
has already voiced her decision to contest a divorce.
1 Answer from Attorneys
Re: Assumption of spouses financial irresponsibility
You do not need her permission to divorce. In VA you can divorce her after living separate and apart (with no marital relations) for one year whether she agrees to it or not! Keep in mind, however, that she may fight you over custody of the children. She may also ask for spousal support, but keep in mind she has to show that you have the ability to pay spousal support and that she has a need for it.
You really need to cosult with an attorney, but don't worry about needing her approval. You can file for a no-fault divorce after living apart for one year.
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