Legal Question in Family Law in Virginia
common law divorce?
I was told if you were separated for 7+ years a divorce is automatic? I am married to a inmate for 15 yrs w/one child and have never lived with him. Would it be easier for him to file or would it make no difference on the length of time for the divorce
1 Answer from Attorneys
Re: common law divorce?
In VA you only need to be separated for six months if you don't have a child in common and one year if you do have a child. You can file for a divorce now based upon the facts you posted in your question.
Your divorce is not automatic. You must file a Bill of Complaint in the circuit court in the county where you live. Then you must serve him the Bill of Complaint through the sheriff's office. Then you will have a hearing.
The best thing to do is to hire an attorney to draft a separation agreement that addresses child custody and support and property division and then you can simply ask the court for a quick and easy divorce hearing because there are no issues for the court to decide.
Give me a call at my VA office if you need further help. My number is 703-968-3974. Good luck to you.
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