Legal Question in Family Law in Virginia

I am seeking a divorce in Virginia. The hopefully soon to be ex and I have signed and notarized a "Separation Agreement and Property Settlement" document. In the agreement our separation occurred in Nov. 2013. The question I have is in regards to the wait time to actually file for the divorce. We have twin sons that will turn 18 in August of this year. They also graduate High School in June of this year. Current post high school plans for the kids have both of them leaving either of our residences prior to the beginning of Sept. of this year.

The Virginia State Bar website specifies:

http://www.vsb.org/site/publications/divorce-in-virginia/

"Divorce from the Bond of Matrimony

a. Separation divorce � the "No Fault" divorce

While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require "fault" grounds for a divorce to be granted. A "no fault" divorce from the bond of matrimony may be awarded upon a showing that for more than one year the husband and wife both intended to and have continuously lived separate and apart without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months."

Since our only children are our twin sons and that they turn 18 in August of this year, there will no longer be any "minor" children involved. The above can be read 2 different ways. Either "no minor" at the time of the filing. Or "no minor" at the time of Separation Agreement and Property Settlement signing. If it is at the time of filing and we filed in Sept, then would we not meet the prescribed 6 month wait period as opposed to a 12 month wait? Or am I reading this wrong and we do have to wait the full 12 month period?


Asked on 3/25/14, 10:18 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Without researching whether there are any cases on point, I am of the opinion that you can file for divorce when your sons turn 18, citing that at the time of filing there are on minor children and the separation pursuant to a separation agreement has continued for more than six months.

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Answered on 3/25/14, 11:36 am


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