Legal Question in Family Law in Virginia

My wife indicated to me that she wanted to separate. I was overseas on a contract at the time and it was a bit of a surprise to me. She sent a separation agreement to me which I refused to sign...I have returned back to the States and moved back into the house, she still lives there also. When I moved into our bedroom, she moved out inot the spare room...She informs me that when we have been separated like this for 12 months, she can apply for a divorce. Is this true, and how does it work? What are my rights as I would like to find a way to fix things and save the marriage...


Asked on 9/14/10, 10:57 am

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

Virginia law requires more than the spouses having separate sleeping spaces,

but in effect separate households within the same marital home are what's apparently really required with little or no interactioin between them which a neutral third party observer would be able to testify to in court in order to meet the requirements of Va. Code Sec. 20-91 of "living separate and apart continuously and without cohabitation for a period of 12 months".

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Answered on 9/19/10, 2:34 pm


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