Virginia Beach, VA asked in Divorce for Virginia

Q: When will we be able to get a divorce?

Jan 24 will be a year since we separated but our daughter was born in October. We both agree that we are never getting back together

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: The required separation agreement for a no fault divorce in Virginia is one year from the date of separation, with at least one of the parties intending for the separation to be permanent, and maintaining that intent continuously for the period of separation. If the parties have no minor children born or adopted of the marriage and they have entered into a written separation agreement, the separation period is only 6 months.

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