Separation Requirement Before Divorce

[crystalgail]

My question involves a marriage in the state of: VA

Husband and wife want divorce. Va law requires a one year seperation. They cannot agree upon custody of 5 yr old daughter during seperation. Husbands offers no spousal support to wife and wants custody. Wife wants custody and to relocate to granparents home in OH where there's her only support. Daughter and wife are currently in OH . Should wife file for temporay spousal support and emergancy custody right NOW while in OH? Does it make a difference who files?

[aardvarc]

Nothing in your post suggests that there is any legal NEED for emergency custody. Emergency to the court means EMERGENCY, not just because mom might want something to happen fast. Unless mom and child have been in OH long enough to be legal residents of OH, divorce needs to be filed in VA and she can ask for custody and spousal support via the normal channels.