Roanoke, VA asked in Divorce and Family Law for Virginia

Q: If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?

All child support/custody is settled as well. How can he force me to stay married while living with his mistress?

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

A: A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case in Virginia, either spouse can request spousal support, determinations of child custody, child visitation, and child support, equitable distribution, and an award of attorney's fees. If the spouses can resolve all these issues, then a signed, written separation agreement evidencing that settlement can be ratified and incorporated into the final order of divorce.

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

Seth E Allen agrees with this answer

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