Legal Question in Family Law in Virginia

Legal Seperation

I would like information, on my rights, as a mother of two boys ages 8 and 4. My husband is currently military, and I am seeking actions to legally seperate, but are unsure of what my rights are. I was going to stay here in the apartment while he was on deployment for 6 months, but he has chosen to decide that he doesnt want to divert 90% of his salary on a place for me and the boys to live since our marriage isnt going to work. Id like information also pertaining to if and how much of his actual salary I am entitled to during the seperation time frame. Please give me a guide to some answers to some hard to ask questions, and some resources or place to look on and offline, that might help me in this diffucult time. I would eventually like all this to end in a peaceful divorce, but that is further down the road. Right now all I would like is information and requirements needed to file a legal seperation, and during the seperation what are his and my rights pertaining to our two boys. One is from a previous relationship of mine, and one is ours. Thank you for you time.

fabienne


Asked on 9/28/05, 11:31 pm

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

Re: Legal Seperation

You should arrange to consult with an attorney who is knowledgeable in Virginia family law matters and who will be able to advise you on your specific issues, including the percentage of your husband's military pension which you may be entitled to claim.(It depends on a variety of factors).

FYI, Virginia domestic relations law does not formally recognize a status known as "legal separation". Nevertheless, if you're proceeding under no fault grounds, there is a legally separate status for the divorcing spouses required for a certain period of time before the divorce itself may be granted. It is during this period that a property settlement agreement(PSA)between the parties is normally finalized in which all major marital property issues are disposed of as well as issues involving child support, visitation and alimony.

The attorney with whom you arrange your consultation will be able to explain these and other issues related to this matter in greater detail.

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Answered on 9/29/05, 11:05 am


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