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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37059
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My wife informed me she filed and children last Tuesday. I

Customer Question

My wife informed me she filed for separation and for custody for my children last Tuesday. I have not been served and have continuously asked when I would get the papers. She gave me a copy of the custody papers but not official cause I haven't been served. Today she said are going to court for custody first, then separation paperwork would come later. I thought you filed for separation first. Why would she do this process?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While it is typical to file for divorce and in the same process seek custody issues, it is not a legal requirement to do so.

Typically a person will only file for custody when they are not sure that they want to file for a divorce, or when the statutory requirement for a divorce have not yet been met, but they want to separate and take their children with them. Under VA law, a no fault divorce may only be filed for once the parties have lived separate and apart for one year, if they have children.

This application for custody is a way for the parents---through the legal process--- to determine which of them will have primary custody of the children and for the court to issue a child support order against the parent who will not have primary residential custody of the children.

It is no unusual to also see an application for spousal support filed at the same time.

Also be aware that VA does not have any legal form of separation. Separation in VA is the state of living apart, and what she likely means is that she will be seeking a court of custody, child support and possibly spousal support, in the near future.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
During time this am I allowed to date other women. I don't want to be locked down and by myself for s year
Expert:  LawTalk replied 1 year ago.

Hi,

Of course you are free to date during your separation. However, keep in mind that sexual relations (adultery) during marriage is a ground for a fault divorce and being separated is not a legal defense to adultery used for a fault divorce.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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