Legal Question in Family Law in Virginia

My rights in a seperation

My wife has expressed her unhappiness in our marriage and has told me she wants a divorce. She has not filed, and we are starting marital counseling. I have a question regarding my rights in this. If I do not agree to the divorce, and she asks me to leave, do I have to leave my house? We have two kids together and she has two kids from a previous marriage. If I refuse and she takes the kids with her, what rights do I have to protect my children? I do not want a divorce and she does.


Asked on 7/13/06, 6:42 am

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: My rights in a seperation

You can be excluded from the marital residence only on a finding that your wife has a "reasonable apprehension of bodily harm" (at least in theory.)

The custody issues for the children you and your wife had together, if decided by the court, must be based on what is in the best interests of the children. Many areas would be explored, including who has provided the parenting, how much change in the lives of the children would be involved, etc. In an ideal world, you and your wife would make a joint rational judgment on the custody and visitation matters. This being something less than an ideal world, you should seek competent legal counsel if it's going to be contested.

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Answered on 7/13/06, 12:54 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: My rights in a seperation

You will only have to leave your house in the event that a court orders you to do so.

If your wife removes herself from the home and takes the children with her, then you will likely need to sue for custody of whichever children that you wish to remain with you.

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Answered on 7/13/06, 8:17 am


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