Legal Question in Family Law in Virginia
Can I obtain a divorce if we've been separated less than 6 months?
My husband and I moved to seperate residences in November. However our relationship was over several months before then. I would really like to get a divorce immediately. We have no children or property together. Is there anyway that I can avoid the 6 month separation period and get a divorce immediately?
1 Answer from Attorneys
Re: Can I obtain a divorce if we've been separated less than 6 months?
If you have a fault ground for divorce (adultery, desertion, cruelty, conviction of a felony) you can file for divorce at any time. However, in the time it takes to file and have a trial on a fault ground case the six months will have passed and then a no fault divorce will be granted. The six month rule also only applies in no fault divorces if you have a settlement agreement.
Good luck
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