Legal Question in Family Law in Virginia

Separated but not divorced

Sister and husband separated for 11 years

He never followed thru with divorce papers

He recently died

Death certificate has divorced

Daughter says after 10 years separation becomes legal divorce

Is this true? Sister can't get widow pension she is entitled too with divorced on death certificate


Asked on 6/16/06, 6:11 pm

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

Re: Separated but not divorced

Divorce is a creature of statute, and there is no provision in the Virginia divorce statutes that separation alone divorces married parties; there must be a completed divorce proceeding.

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Answered on 6/19/06, 10:21 am


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