Q: If a minor child turns 18 at 8 months into the year-long separation period, can we file for divorce right then?
Assume asset/property division has been agreed upon. Just waiting for the year to be up.
A:
The separation period for a no fault divorce in Virginia is 1 year. If the parties have no minor children born or adopted of the marriage, and have signed a written separation agreement, the required separation period is only 6 months. The intention to separate permanently must exist continuously through the separation period. A divorce can can be filed when the requirements for that type of divorce exist at the time of filing.
Anyone considering divorce in Virginia should first consult with an experienced Virginia divorce lawyer.
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