Family Law Questions? Ask a Family Lawyer Online.
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To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. Health insurance and keeping a party on for X amount of time will need to be addressed and the issue with the lease and if she will remain until it expires, at which time she will have to vacate or place it in her name.
The Divorce Complaint is filed in the Circuit Court, Civil Intake Division, along with the following:
You can state in the petition which is filed that you have been living separately and if the Judge asks or questions this lease, if it is even brought up, you can simply explain the situation. I am inclined to believe she would testify to the same, regarding you living at a different location, during all this time. You do want her off the lease and to vacate, so you are not liable to the landlord, going forward, so you would ask that she sign a lease in her own name or move. As far as the issue with health insurance, you can ask to be kept on her while the divorce is pending, if it is more affordable. You can also see if / how long you could remain on after the divorce and if the company will allow it, if it is better insurance and more affordable as well. If not, you could buy it on your own. Moreover, if you are divorced, that is an qualifying event that you would allow you to enroll and buy insurance outside of open enrollment.
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Correct. If you have no minor children and you enter into a valid separation agreement, you will only have to live apart for six months.
You could do it now, since you are separated.
You would need to draft it and have it signed by all parties. You can see if the clerk of court in the family division has it for you to fill out or use a 3rd party service to buy the form or retain legal counsel. If you look online, there are examples and templates of it.
It is certainly in your best interest to review the link below, as it breaks down and explains the process, when a party is acting pro se. It is important that I shared with you that the site does not allow us to provide you with legal advice and only information, so I can not tell you to do X, Y and Z. The information I provided really goes into tremendous detail to guide you, so this is done properly.
You would want to file the agreement when you file for divorce.
You can file it when you file for divorce. You are very welcome
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