Legal Question in Family Law in Virginia

My husband's name is the only one on the mortage for our home which was bought after we married. I do not have any savings. We have a 15 month old son who we would want to have joint custody of. Is it likely that I will get any money to buy a place of my own from the divorce? Also, would it be wise for me to move out of the house before filing for a divorce? My husband is in a very strong position compared to me when it comes to money.


Asked on 6/24/10, 6:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You haven't stated how long you've been married nor any indication of your husband's financial assets nor when and how he acquired them, but

if you've only been married a few years, I doubt that you would receive any

money from the divorce sufficient to purchase a home.

Va. Code Sec. 20-91(Grounds of Divorce) specifies spouses are to live

separate and apart continuously for 12 months and without cohabitation in order

to establish the ground for no-fault divorce (where children are involved).

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Answered on 6/26/10, 4:24 am


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