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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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In the state of VA to get a divorce with children do you have

Resolved Question:

In the state of VA to get a divorce with children do you have to file Seperation papers? Since the state has fault and no fault is there a way to file for a divorce on the grounds of irreconcilable differences? If the wife leaves all of her rings on the nightstand and leaves the house to stay at a hotel, leaving the children at the home with the husband to care for is that grounds for a divorce or considered abandonment? Can the individual that committed audultry file the divorce papers first on the other individual?
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question. Either party may file for divorce here.The grounds in Virginia are as follows..

1) Adultery; or for sodomy or buggery committed outside the marriage;

(2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

(3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(4) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
Customer: replied 7 years ago.

So if I understand this correctly then there is no other option to file for divorce then the four options listed? What about the other questions listed:

 

1. In the state of VA to get a divorce with children do you have to file Seperation papers?

 

2. If the wife leaves all of her rings on the nightstand and leaves the house to stay at a hotel, leaving the children at the home with the husband to care for is that grounds for a divorce or considered abandonment?

Expert:  RayAnswers replied 7 years ago.
Yes you have to file for divorce here with pettion papers to have the court issue temporary orders nd proceed to final divorce with children invovled.It may be considered abandonment or at least the time when the divorce clock begins.It certainly would assist you here in seeking custody in my mind and I think the judge would agree. She certainly appears ot ahve abandoned the chidlren and the marriage really..My sympathy to you for having had to go thorugh all of this..
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Customer: replied 7 years ago.
So you do have to file seperation papers before you can file the divorce papers?