Legal Question in Family Law in Virginia

legal seperation

3 years ago I found out my husband was having an affair...2 years ago he moved from our home in VA to PA (his choice)....My 12 year old daughter and I were to join him after the end of the school year only to be told at that time that he did not want us to (again, his choice)....He sees his daughter every other weekend in PA....We are not divorced yet for financial reasons....He is still involved in the affair....Without having filed any paperwork are we considered legally seperated after this amount of time?


Asked on 6/12/09, 1:25 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: legal seperation

You are clearly separated, and the separation is coupled with the intent that it be permanent (his intent). That makes you eligible to file suit for divorce. In Virginia there is no "legal separation" found in the statutes. Often the term is used to indicate the parties have entered into a written agreement to separate, but it is not required.

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Answered on 6/12/09, 3:04 pm


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