Legal Question in Family Law in Virginia

I recently ask my husband of 11 months to leave. He did. Should I file legal seperation papers and do I have to go through a Lawyer to do it? There is no property to divide and no children.


Asked on 10/27/09, 4:33 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

There is no such status as "legal separation" formally recognized in the domestic relations law of the Commonwealth.

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Answered on 11/01/09, 5:54 pm
sheryl shane sheryl shane, attorney at law

You may investigate an annullment or a divorce based on circumstances. If you are not going to base the divorce on fault - you may have to wait 6 months with an agreement or 12 months without an agreement to file. If you are looking at a divorce with fault - there are some ways to initiate action quicker. But the whole divorce will probably take much longer. A good attorney is always a plus.

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Answered on 11/01/09, 5:55 pm


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