Midlothian, VA asked in Divorce and Family Law for Virginia

Q: My wife wants a divorce. I have been in the basement for 8 months. If I sign contracts on a house to move is that ok?

There is no legal agreement in-place. I need to move on and found a house to buy. This would force our current house to go to market and force both of us to find alternate living. She is currently just staying because she is comfortable with me being out of site. Is it a bad legal move to move on with my life?

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

A: In the absence of legal justification, any spouse who leaves the marital residence with the intention to separate permanently risks having the other spouse claim the fault ground of desertion and abandonment in a divorce case. Most divorce lawyers will advise a client not to leave the marital residence unless and until both spouses have signed a written separation agreement, absent extenuating circumstances such as cruelty, adultery occurring in the marital residence, a protective order, or a risk to safety, health or welfare.

Anyone facing a separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.

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