Powhatan, VA asked in Divorce for Virginia

Q: I am pregnant, due in January, & husband + I just separated at the end of June. Can I divorce before baby gets here?

The six month waiting period will end only a couple weeks before my due date. I was wondering if I could still manage to get the divorce in the sixth month waiting period before the baby gets here and if so, is there a way to speed the process up? There was abuse, I currently have a protective order against him and we will be going to court August 15th for cross warrants we have against each other. I heard of a divorce from bed and board and was wondering if that would help and/or be possible and if so how to I go about that? Lastly, if I'm unable to get a divorce before the baby is born do I have to wait six more months to finally file for divorce since there will be a child involved even if he does not sign the birth certificate?

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1 Lawyer Answer

Michael Christopher Miller

Answered
  • Vienna, VA
  • Licensed in Virginia

A: You can get a divorce in Va. with a six month separation if there are no minor children AND you have a written agreement that resolves all issues before the court.

The agreement can be as simple as he keeps his stuff, you keep your stuff, and there is noting for the court to decide, but it has to be signed by both parties.

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