Legal Question in Family Law in Virginia

Re: child support/alimony during separation

I know it's frustrating to hear this, but it's not wise to answer your question without knowing more. For example, "joint custody" and "shared custody" have different meanings under Virginia law.

If you both agree that the marriage is over, and you can prove he acknowledged that, he would not be able to prove abandonment.

The support issues depend on not just your relative incomes, but how different they are and how the custody is worked out.

Re: child support/alimony during separation

Strickly speaking he could file for divorce from you based on abandonment. That being said, you may be able to defend that allegation with facts which suggest that it was unbearable to cohabitate. We would have to discuss this in more detail. Also be aware that if you leave the marital home he could could petition the court to exclude you from the home for the period for seperation.

As for your question as to whether he will pay you for support during the separation, believe it or not, he doesn't have to unless and until you actually file a petition in court for support.

The safest way of separating and leaving is for the two of you to enter into a marital separation agreement which settles all property and support rights (or even most temporarily) betweent the two of you. This eliminates all liability to each other.

Feel free to contact me at [email protected]. Or visit my website at www.easy-divorce.net for detailed divorce law information.