Legal Question in Family Law in Virginia
my husband and i have been married for almost 4 months and he will be deploying in may or june and i will be going to iraq for 2 years for a us job and i had read that you have to be seperated for at least 6 months before filing for a divorce would that be true and are there any loops in this for military?
1 Answer from Attorneys
In order to divorce in the Commonwealth based on the no-fault ground of six months of separation, Va. Code Sec 20-91(grounds for divorce) requires that the spouses live separate and apart, continuously, for at least six months and without cohabitation, have no children (born or adopted from the marriage) and have on file a property settlement agreement with the
court where the complaint for divorce is to be initiated.
I am not aware of any special exemptions or waivers of the above requirements
applicable to folks on active duty with the military, whether deployed abroad or
not.
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