Legal Question in Family Law in Virginia

Divorce Question

I live in the state of Virginia. My husband and I both want a divorce. Do we need to have a legal separation first? How do we get the divorce process started?

Your reply would be very much appreciated. Thank you.


Asked on 12/01/07, 6:47 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce Question

Sec. 20-91 of the Va. Code (Grounds of Divorce) requires that the divorcing spouses live separate and apart continuously and withhout cohabitation for a period of 12 months. (If there are no children, no property or financial issues, and a property settlement agreement has been filed with the court, the period of separation is reduced to six months.)

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Answered on 12/01/07, 1:56 pm


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