Legal Question in Family Law in Virginia
Unwanted Divorce
I have been married for 6 years to a recently retired Military man. We have had marital problems throughout the 6 years. I am a Born Again Christian who do not believe in divorce, so I have gone through all measures of trying to salvage this marriage. We have been to marital counseling through the church, which I am still being counseled alone.
My husband does not want to be accountable in this marriage, so upon his retirement he has decided that he wants a divorce. My husband has no grounds for a divorce and I am not in agreement with it. He has said that he is leaving me and going back to his home town and that because he has told me that he is leaving that it will not be considered desertion. He drafted up and agreement that I do not in the least agree with, and he says that he is leaving next week. Can I person just decide because they do not want to do right by a marriage and just leave the spouse high and dry? I need to know my rights and good attorney in my area.
1 Answer from Attorneys
Re: Unwanted Divorce
Under Virginia matrimonial law, your spouse is free to file for divorce on what's called no-fault grounds which means alleging a separation
without cohabitation, continuous and uninterrupted, for a period of at least six months(if no children)or twelve months in cases in
which there are children involved. Nothing further beyond this needs to be pled and proven
in court in order to obtain a divorce.
However, this doesn't mean that you don't have rights under your marriage which need to be protected, which may involve property, financial
and support issues as well as other matters such as the custody of child(ren), if there be such.
I would advise that you contact an attorney in your area who is knowledgeable in Virginia family law matters to ensure that all of these rights are appropriately protected in the event that your husband actually files for divorce.
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