ssathome13 said:
i live in hampton, va. my husband and i have been married for ten years. for eight of those ten years, we have had separate bedrooms and have not been intimate in that time. my question is, since we have been roomates only for the past eight years, do we actually have to live in separate households to have a legal separtion drawn up? we both have agreed on the divorce.
My response:
A party must have lived in Virginia for 6 months before they can file for divorce in Virginia.
Any of the following grounds may be used for divorce in Virginia:
Voluntary Separation : (No-fault): 6 months separation if the parties have no children, 1 year if the parties have children and they enter into a separation agreement that provides for the equitable distribution of the parties' property and the care, custody and support of the children; in Virginia, spouses can be "separated" and still live in the same house. The legal requirement for separation before filing for divorce requires at least separate sleeping arrangements and a lack of physical relations.
Felony Conviction : At least 1 year imprisonment;
Desertion;
Cruelty;
Adultery;
If grounds for divorce have been met i.e. separation for 6 or 12 months (without/with kids), adultery or some other fault based grounds, a divorce can usually be granted within 2-3 months of filing (if the parties agree to the terms for the division of property (if any), and care, custody and support of their children (if any).If the parties cannot agree, a trial date must be set. Depending on the court's schedule, it may take several months or even a year or more to get a trial date.
Virginia law does not specifically provide for a formal legal separation. However, spouses may choose to voluntarily enter into a written Marital Settlement Agreement providing for the division of their property and the care, custody and support of their minor children. The agreement can then be incorporated into a final divorce judgment at a later date , for example after the 6 or 12 month separation period has been met before a no-fault divorce can be filed on the grounds of Voluntary Separation.
Unless the respondent spouse signs an acknowledgment of service, (agreed divorce), he or she is entitled to legal 'service' i.e. notice that a divorce has been filed. Personal service may be by either a Sheriff or other person appointed by the court to make legal service. The Sheriff or process server actually hands the divorce papers to the respondent and completes a return of service stating that they did in fact personally deliver the divorce papers to the respondent. The Return of Service is then filed with the clerk as proof that the respondent was duly served. The respondent is not required to sign anything when they are served with divorce papers. They are entitled to notice. They are not required to sign anything or give their consent to a divorce. (See the section below for service of a 'missing' spouse).
The filing fee for divorce is about $64.00. If service is made to the respondent by a sheriff or process server in Virginia, there is an additional fee for service of about $12.00.
Virginia is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce.
Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is generally based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony in Virginia is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party's circumstances.
IAAL
