Legal Question in Family Law in Virginia

Re: no-fault divorce?

You should consult with an attorney if you have any doubts as to the terms of divorce your husband is offering. As for your first question, yes, Virginia does allow a no-fault divorce based on separation. If you have no children in common, and a property settlement agreement has been entered into, the period of separation required by law is six months. Otherwise, the parties must be separated for a year before a divorce decree may be entered. Regarding the vehicle, the only ways you are likely going to remove your name from the loan is if the loan is refinanced or the vehicle is sold. A lender will not release someone from the loan solely because of a divorce.

Re: no-fault divorce?

Yes, Virginia has no fault divorce based upon certain conditions which must be accompanied by the required periods of separation(six months or twelve, depending upon which conditions apply).

The fact that you may dispute as to which of you should be responsible for the vehicle loan would not be a basis to contest the divorce itself without other valid grounds which I will not go into here. (See Va. Code Sec. 20-91.)

Re: no-fault divorce?

You were served by a Divorce Motion. You file an Answer to it within thirty days where you disagree with allegations and have the opportunity to cross-motion for divorce on grounds of your own. And if he left and you didn't deserve it, that's desertion and you have fault grounds. All states have a twelve month separation for a no fault option. That doesn't mean you shouldn't counter-sue on a fault ground. It may give you an advantage in property distribution.

Get a good lawyer.

Good luck.