Legal Question in Family Law in Virginia

Filing for Divorce

Does a state violate your rights if they require you to be separated from your spouse for a period of time before filing for divorce? If you don't want to be with anyone, why should a state force you to stay married for a certain period of time before filing for divorce?


Asked on 12/03/02, 6:09 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Filing for Divorce

No, the state does not violate the rights of its citizens by imposing a waiting period before one can divorce. There are strong public policy reasons for requiring this waiting period accompanied by a separation of the spouses which necessarily outweigh any modest inconvenience which such a requirement might occasion for individual citizens.

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Answered on 12/03/02, 7:34 pm


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