Process and Expectations for Marital Separation
My question involves a marriage in the state of: Virginia.
I recently discovered that my wife of 2 1/2 years had an on-going affair with her former boyfriend. I have no other proof than her social media posts (many nudes) and graphic description of their liaisons. I'm not pushing for a fault divorce, this just caused it. We have lived in Virginia for 1 1/2 years in a house I own in my name only. We each have our own car which we pay for. We never joined bank accounts. I paid all of the bills. She is retired from the Navy, I am still active duty. We maintain separate insurance, both health and auto. Her 14 year old son lives with us. She has custody, but he visits his dad on holidays/vacations.
She would like to move back to NC, but after the school year. This means we have to cohabitate as a separate couple. What are the guidelines to make sure our time of separation is not valid? Does the presence of her 14 year old require a one-year separation?
Given the short time of the marriage and the fact that she has her own pension, is it likely that I will be paying alimony or other support?
Re: Clarification on Process and Expectations
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VAMJA
My question involves a marriage in the state of: Virginia.
I recently discovered that my wife of 2 1/2 years had an on-going affair with her former boyfriend. I have no other proof than her social media posts (many nudes) and graphic description of their liaisons. I'm not pushing for a fault divorce, this just caused it. We have lived in Virginia for 1 1/2 years in a house I own in my name only. We each have our own car which we pay for. We never joined bank accounts. I paid all of the bills. She is retired from the Navy, I am still active duty. We maintain separate insurance, both health and auto. Her 14 year old son lives with us. She has custody, but he visits his dad on holidays/vacations.
She would like to move back to NC, but after the school year. This means we have to cohabitate as a separate couple. What are the guidelines to make sure our time of separation is not valid? Does the presence of her 14 year old require a one-year separation?
Given the short time of the marriage and the fact that she has her own pension, is it likely that I will be paying alimony or other support?
I have found the following paragraph on at least 6 different websites so I am assuming its verbatim from the statute:
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Divorce is the ending of a marriage ordered by a court. In Virginia. No-Fault grounds for divorce: No-Fault: (1) living separate and apart without cohabitation for 1 year; or (2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement. [Code of Virginia; Title 20, Section 20-91].
I do not believe that her son would have anything to do with this to give you the six months waiting period instead of one year. He is not your mutual child so you will not be making any kinds of agreements regarding his custody or parenting time. I also think its pretty clear that separation means not living in the same home. Its natural that she is going to want her son to finish the school year, and its really not all that far away. School will be over in 2-3 months so its not tacking on a huge amount of time to your one year.
You cannot force her to move out of the marital home unless you take her to court for a fault divorce and the judge orders her to do that. That odds of accomplishing that before school lets out would be slim to none, so I really think that you are just going to have to be patient.
Re: Clarification on Process and Expectations
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llworking
I have found the following paragraph on at least 6 different websites so I am assuming its verbatim from the statute:
Wrong assumption. It’s just a paragraph that someone wrote and that others apparently liked and copied (with possible copyright violations occurring ;) ). The actual statute, Virginia Code section 20-91, lists all the causes for divorce. Paragraph (A)(9) is the one for no fault divorce, and subparagraph (a) is the substance of the rule, as follows:
(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
As the statute makes clear, in order to get the 6 months period instead of the year, there must be a separation agreement and there must not be any minor children born of both parents or that have been born of one parent and adopted by the other, or adopted by both. In short, you are forced to the longer one year period if you either don't have a separation agreement or if there are minor children common to both parents (either due to birth or adoption). So in this case, I think the OP and his spouse could take advantage of the shorter period if they enter into a separation agreement as they have no minor children in common.
Re: Clarification on Process and Expectations
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Taxing Matters
Wrong assumption. It’s just a paragraph that someone wrote and that others apparently liked and copied (with possible copyright violations occurring ;) ). The actual statute, Virginia Code section 20-91, lists all the causes for divorce. Paragraph (A)(9) is the one for no fault divorce, and subparagraph (a) is the substance of the rule, as follows:
(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
As the statute makes clear, in order to get the 6 months period instead of the year, there must be a separation agreement and there must not be any minor children born of both parents or that have been born of one parent and adopted by the other, or adopted by both. In short, you are forced to the longer one year period if you either don't have a separation agreement or if there are minor children common to both parents (either due to birth or adoption). So in this case, I think the OP and his spouse could take advantage of the shorter period if they enter into a separation agreement as they have no minor children in common.
I misread my own quote...LOL. I read it that there had to be minor children in order to get the shorter period, when it actually says that they can use the shorter period when there are NOT minor children involved.:wallbang: