Legal Question in Family Law in Virginia
question about legal separation
Back in 1998, I filed for legal separation and my husband and I were apart for 9 months. We did get back together, but now we are separationg again. Do I need to get another legal separation or can I file for divorce and skip the waiting period for my state? We have had another child and bought a home together since the first separation agreement, but someone told me it is still a legal document and in effect. Thank you for your time, Jessica
1 Answer from Attorneys
Re: question about legal separation
In Virginia there is no legal remedy known as a
"legal separation". You're probably refering to the document which you and your spouse signed known as a "Separation And Property Settlement Agreement". One of the numbered paragraphs in this document undoubtedly refers to something like
"Effect of Reconciliation" which should spell out
the circumstances under which the document retains its validity if you and your husband reconcile.In all probability, unless you and your spouse have taken very specific steps to cancel it, this agreement is still valid.
However, you must still comply with the requirements of Virginia statutory divorce law before you can file for divorce, which means
living separate and apart from your spouse for a period of one year with no intervening cohabitation. If you have no children, the above-described period is six months.
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