Centreville, VA asked in Divorce and Family Law for Virginia

Q: So my dad left us for a couple of months and was now living with another woman. My mom wants divorce and he refused

So we just want to know what we can do about it. My dad was basically living with his other woman and he refused to get a divorce from my mom. Also, is there any way my mom can get spousal support?

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2 Lawyer Answers
Sandy Lynne Meade
Sandy Lynne Meade
Answered

A: I'm sorry for your circumstances. One spouse can file for divorce in the state where he/she resides for the last 6 months. She would have to get someone 18 or older to personally serve the other person with the divorce papers. One person can get a divorce from another person without the consent of the other spouse in no fault states by default judgment or via trial if the other party refuses to cooperate. In some states there is still "fault" that needs to be established. Abandonment/infidelity may be one of those issues of fault. I recommend your Mom speak to a local attorney in or near Centreville or call the local courthouse and see if they have a family law facilitator that can help her fill out the correct paperwork. Spousal support and child support rules are different in every state, so she needs to talk to the same expert on that issue too. Often rules limiting spousal support revolve around whether or not there was a prenuptial agreement signed by the parties, if it is fair, and the length of marriage and difference in income between the spouses. Sometimes attorneys give free consultations to help people understand basic rights in cases. I recommend she calls one right away. There is also The Department of Child Support Services that may be ale to help. Hope this helps you both.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA

A: IMO you need to post in VA not in CA!! The laws on the East Coast are quite different from those on the Left Coast. We derive from Spanish laws, community property, etc. We have no fault dissolution, not "at fault divorce" as still in some states. So you need to find out the law where you are. Having said all that, the primary concern you address is that Dad won't join in the divorce petition. As far as I am aware, this is not a requirement for filing for divorce/dissolution in any state. If Mom wants one, she can file on her own.

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