Legal Question in Family Law in Virginia

Re: To begin a separation

If you do move out without a separation agreement first then he could sue you for divorce based on desertion. Do you have children? That is a major factor. If you have children and you keep custody of the children then you can ask the court for use and possession of the house.

If you don't have children you can still ask the court for use and possession but you have to have a more compelling reason to stay in the house than he does (you're in school nearby, you can afford it, he can't, etc.).

The most important thing is to get him to sign a property settlement agreement which details how the two of you will handle the house, the bills, the liabilities, the cars, etc.

I hope this helps. If you need more information please feel free to call my VA office at 703-968-3974.