Legal Question in Family Law in Virginia
how long to file for divorce
If i'm married with no kids with my spouse when can i file for divorce if my spouse doesn't sign a seperation agreement? I've been told a year with the agreement even if there are no kids, I've also been told 6 months regardless as long as there not any children. which is correct and where can i find it in writing?
3 Answers from Attorneys
Re: how long to file for divorce
You can divorce in 6 months on no fault grounds if you have no children and if there is a separation agreement. If no agreement you must wait the twelve months. The statute is 20-90
Re: how long to file for divorce
With separation agreement + no kids = 6 months
With kids = 12 months
W/o separation agreement + no kids = 12 months
Re: how long to file for divorce
It is 1 year without a separation agreement & without minor children. See Va. Code Section 20-91.
I hope this helps.
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RJS
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