Legal Question in Family Law in Virginia
trying to get a divorce
me and my husband live in the same home can i start the paper work to getting a divorce even though we live in the same house, he cames and goes he lives on the ship half the time.
2 Answers from Attorneys
Re: trying to get a divorce
To proceed for an uncontested divorce there is a separation period required of 6 months or 12 months if children. Spouses may reside separate but married in the same home provided they live in all respects as separated persons. Filing before the separation period has run will not work absent fault grounds for an immediate divorce (which would make it contested). If you choose to separate and reside in the same home for the 6 or 12 month period you should consult an attorney (contact info. provided) to review that you are complying with the separation requirement.
Re: trying to get a divorce
Yes, apparently there is now Virginia case law which permits a no-fault divorce to be initiated under the circumstances which you've described, if you can show that you've in effect been living separate an apart from your husband, although in the same household, and without cohabitation for the required period of time (usually one year).
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