Legal Question in Family Law in Virginia

Re: Partners in Business Seeking Divorce

Both are good and important questions. Your first step should be to arrange a consultation with

a Virginia attorney knowledgeable in family law

matters who, hopefully, will be able to analyse

your particular situation correctly as to the relevant law and facts, and instruct you, accordingly.

Re: Partners in Business Seeking Divorce

The first thing you should attempt to do is to draft what is known as a Property Settlement Agreement. This agreement would cover all the issues related to your marriage, such as child support and custody; how the business will be handled (e.g. one of you will buy the other out as an example); who will keep the marital home, etc. If you believe that your spouse will not sign a property settlement agreement then you can file for a legal separation (known as "divorce from bed and board").

Be careful about leaving the family home prior to taking one of the two actions above. You really do need to speak with an attorney before taking any action because their could be negative consequences. For instance, if you leave the home your spouse could file for divorce based on desertion of the marriage. Your spouses abuse and alcoholism will be a good defense to the desertion claim but you could possibly avoid litigating the issue if you speak to an attorney first.

Please do not hesitate to contact me at 703-968-3974 if I can be of further help.