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Please help - my husband wants a divorce, we have been married

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Please help - my husband wants a divorce, we have been married since December, 2006, no children together, living in Virginia. The reason for the divorce is his affair, but I will not collect the evidence of that and it should be no-fault divorce based on the grounds of separate living. We own the townhouse as a joint tenants, my husband pays for both mortgages and bills, I pay for groceries and other home needs. I have only part-time job now and do not have financial possibility to rent a place, so we just living in the same house in separate rooms.
My husband wants me out of the house ASAP and he could not afford to pay the mortgage and to rent me a place. I agreed to give him some amount of money to share the bills, while we staying in this house. Please advise what is my rights, will it count a separate living to stay in the same house in separate rooms, what will happen if I prepare separate agreement, ask for a pre and after marriage support and he will not sign it? Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
1) will it count a separate living to stay in the same house in separate rooms?

No. In Virginia you must live separate and apart, meaning there must be no cohabitation. Living in the same house even if you do not share the same room is still cohabitation and will not satisfy the "separate and apart" requirements.

2) what will happen if I prepare separate agreement, ask for a pre and after marriage support and he will not sign it

If party's can't agree, the matter will be considered a contested issue for the judge to decide. Support is not automatically awarded. It will be awarded if one spouse is financially dependent on the other and they have no way of improving their economic situation on their own. Meaning if you are unable to secure a better job or have the necessary skills to find better employment the court is more incline to award support. For a short marriage such as yours (less than 10 years) the court may award temporary support enough to permit a period of adjustment following the divorce. A permanent order of support is usually awarded when a spouse is unable to work or does not have the skills to improve their economic situation or if it is a long marriage.





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Customer: replied 4 years ago.
Thank you for your answer. What will happen if I will stay in our house and share the rest of the house with tenants for a few years until the market will allow to sell the house for a profit. We are joint tenants no matter if we are divorse or not ( is it correct?) and what is the way of spliting a profit after selling the house?
Expert:  Attorney & Mediator replied 4 years ago.
Thank you for your reply.

1) What will happen if I will stay in our house and share the rest of the house with tenants for a few years until the market will allow to sell the house for a profit.

Just to clarify, you cannot lease your property without your husband's consent. If he agrees then you can agree to the arrangement you offered. If he does not agree you cannot lease it to tenants without his consent or court order from your divorce allowing you to do this.

2) We are joint tenants no matter if we are divorse or not ( is it correct?)

Correct. You can only give up your rights to the property by voluntary transfer, sale of the home or court forces the sale of the property.

3) and what is the way of spliting a profit after selling the house?

The starting point would be at 50% split given that the home was purchased during the marriage for the benefit of the marriage. The income earned during the marriage is considered the income of both, so any split would be down the middle. Now if you end up taking other martial property for your sole use or deny the other spouse of a marital asset then the split can be reduce to reimburse what you have taken.








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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
What evidents of the adultery will be the ground for contested divorce in the state of Virginia and if the spouse will find guilty how the other spouse will be reimbursed ?
Expert:  Attorney & Mediator replied 4 years ago.
1) What evidents of the adultery will be the ground for contested divorce in the state of Virginia .....?

Adultery means sexual relations with someone other than their spouse. So evidence would consist of an act of sexual intercourse or evidence of a dating relationship. Typically this is obtained by photos through a private detective.

2) and if the spouse will find guilty how the other spouse will be reimbursed ?

Reimbursed for what? That is not clear. You are typically reimbursed for the money which was used to support the lifestyle of the third party (the person who participated in the adultery). This is done through disclosure of fianancial records, such as bank accounts, tax returns, etc....showing a history of money going somewhere else other than the marriage.

If you mean for the money you lend him, that can be done by preparing a written agreement of what you will be expecting him to repay you.





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JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer: replied 4 years ago.
Could you specify the meaning of dating relationships?
Expert:  Attorney & Mediator replied 4 years ago.
It means a loving relationship, which may or may not inolve sex. Such as holding hands, living together, with the intent to love this person whether temproray or permanent.

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