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?

Related Topics:
1 Lawyer Answer
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.