Legal Question in Family Law in Virginia

Property Settlement and Contested Divorces

Question: I have a contested divorce with property but no children. How long do I have to wait to file and do I file for a property settlement and a contested divorce or just the divorce and let the property be settled in court?

Background: I don't want any of the property - he can have it all. He requested the separation and divorce back in February and now has changed his mind and refuses to agree to anything both concerning the property and the divorce.

Thank you.


Asked on 7/20/01, 10:54 am

2 Answers from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Property Settlement and Contested Divorces

You must be separated for one year before you can file, unless you have other grounds, such as desertion, cruelty or adultery. If you have an agreement to separate, which it appears you do not, the time is shortened to six months. When you have been separated for one year, it makes little difference whether he wants a divorce, you file and ultimately get the divorce.

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Answered on 7/20/01, 5:40 pm
Lisa Lane McDevitt McDevitt Law Office

Re: Property Settlement and Contested Divorces

In Virginia if you both enter into a separation agreement and there are no minor children then you must live separate and apart from eachother for 6 months. If he refuses to sign an agreement then you must live separate and apart for one year. These are the time periods for a no-fault divorce.

If you don't want to wait the time period you could also file for a legal separation right now based on desertion if he left the marital home and the marriage.

If you have any questions, please give my office a call at 703-968-3974.

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Answered on 7/23/01, 10:05 am


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