Legal Question in Family Law in Virginia

Misconduct filing time requirements

If residency has been fulfilled and there is proof of

marital misconduct (excessive drunkenness, vulgarity etc,

when our 3 yr. old child actually repeats what the mother

says, sees her throwing up from being wasted, I'm Mr. Mom

because she doesn't take responsibility etc.) would the

waiting period for filing still be 1 year?

Thanks,

Mark


Asked on 1/26/04, 1:21 am

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

Re: Misconduct filing time requirements

Drunkenness(excessive?)or vulgarity are not among the fault grounds enumerated in Virginia divorce statutes, to the best of my knowledge, which would allow for the immediate filing of a divorce action.

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Answered on 1/26/04, 10:16 am


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