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  1. #1
    Join Date
    Jun 2005
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    2

    Default Separation, final decree, and the house

    We live in Virginia. Our one year separation is up on September 1, 05. We have been separated in the same house for the past year. She has not signed the separation agreement yet. Can I just proceed and file for divorce on September 1? Do I need witnesses to attest that we have indeed been separated? How do force to put the house up for sale? Once I file for divorce, how long does it take for the court to hear my case and grant a final decree of divorce?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Separation, final decree, and the house

    Quote Quoting rshariat
    We live in Virginia. Our one year separation is up on September 1, 05. We have been separated in the same house for the past year. She has not signed the separation agreement yet. Can I just proceed and file for divorce on September 1?
    If you have been separated for a year, you should be able to petition for a no fault divorce at the end of the year. If your wife disputes the separation, you may well need to establish it through presentation of witnesses.

    Quote Quoting rshariat
    How do force to put the house up for sale?
    The marital assets will be divided, whether by settlement or court order, through the divorce proceedings. That should include disposition of the marital home.

    Quote Quoting rshariat
    Once I file for divorce, how long does it take for the court to hear my case and grant a final decree of divorce?
    That depends upon a lot of things, including whether your wife disputes the separation, whether you are able to settle issues or have to litigate them, and the court's docket.

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