Legal Question in Family Law in Virginia

Divorce

My wife and I married on feb 8 2008 and separated in October of 2008. After 6 months we started talking again. We decided to seek counseling and while in counseling, we have slept together on a number of occasions. We do not have any children together, and we still have not co-habited together for well over a year now.

We have decided it will not workout and wish to proceed with the Divorce.

The question is, being as we slept together do we now need to wait another 6 months to file for divorce, or can we still file for no fault divorce with us being separated since October 20th,2008


Asked on 7/04/09, 8:55 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce

Another, six months, I would say, to be in full compliance with the requirements of the statute governing no-fault divorce in Virginia.

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Answered on 7/04/09, 11:59 am
Lisa McDevitt McDevitt Law Office

Re: Divorce

The court will consider the fact that you had sex with your wife as a sign of possible reconciliation, so you'll have to wait.

Also keep in mind that the 2 of you must sign a marital separation agreement to be able to file within 6 months. If you don't sign that agreement you have to be separated a year.

Call me if you have any questions.

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Answered on 7/04/09, 10:37 pm


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