Legal Question in Family Law in Virginia

Re: Should he take care of me during separation?

In Virginia, you must live separate and apart from your spouse (6 mos.), if no children, or 12

months, with children, and in each instance with no intervening cohabitation in order to qualify for a NO FAULT DIVORCE.(The circumstances which you have described would not be sufficient to establish fault grounds for divorce.)

For someone such as yourself in the circumstances which you have described, you would appear to

qualify for an award of spousal support for an indeterminate period until such time that you can (or could be expected) to reasonably support yourself.

Re: Should he take care of me during separation?

I am sorry that you are in this situation. What you can do during the period of separation is to file a pendente lite hearing in the Circuit Court and ask for spousal support and an order that he continue to maintain health insurance. This will help you until the final hearing and then at the final divorce hearing you would ask for support and insurance permanently. At both the pendente lite and the permanent hearing you can also ask for exclusive use and possession of the family home and the personal property in the home.

Good luck to you.