Legal Question in Family Law in Virginia

Separation or divorce

We have been married 9 years this year. I have 2 children from a previous marriage and one minor daughter with my husband. He has been physically abusive, which is documented, verbally and mentally abusive with everyone in the house. He has been going to counseling for over a year, is on medication and seems to be getting worse. His actions do not match his words. He 'swears' he's trying. His actions are that of a man who wants out but not man enough to say it. I have not worked since moving to Va. I have recently been diagnosed with a condition due to the stress and my health is deteriorating. My question. Since I have documented proof of the abuse, do I have to wait the year to get a divorce? Also, can I get an order to keep him away from the house and the children? Finally, can I get him to pay all bills since I have no means of income and he would be leaving for abusive reasons? Thank you for your valuable time in this matter.


Asked on 2/06/03, 1:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Separation or divorce

If the abuse is severe enough to constitute a "fault ground" for divorce, you could

inititate proceedings immediately, and ask for

what the law calls pendente lite(temporary) support and maintenance for yourself and your children as well as an order requiring your husband to move from as well as stay away from your home and have(most likely) only limited visitation with the children.

I should emphasize that these are all things which you as petitioner could ask the court to grant. Whether the court would do so, is, of course, another matter, and would be dependent in large measure on the evidence and arguments offered by both sides at the pendente lite hearing.

And, if the

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Answered on 2/07/03, 12:35 am


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