Legal Question in Family Law in Virginia

When does the one year start

My husband and I stopped sleeping together in April of last year, but he did not move out until August. His lawyer said he shouldn't move out until the separation papers were signed. Does the one year separation start in April or August? When can I file for divorce?


Asked on 5/24/03, 5:42 pm

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

Re: When does the one year start

The Virginia grounds for divorce statute requires the divorcing spouses to have "lived separate and apart" for either six months (if no children) or

12 months, if children are involved.

From your fact scenario, I would interpret the "separate and apart" for an uncontested divorce requirement as commencing

August, 2002, making your earliest filing date August 2003.

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Answered on 5/24/03, 11:41 pm


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