Legal Question in Family Law in Virginia

is my husband considered incompetent?

husband is 52,on kidney dialysis.Continues to drink excessively and use drugs. He has 2 pending dui's and refuses to seek treatment.Yet, he has a partime job,has his own bank acct,(although I do all the household budgeting and bill paying).If not incompetent , is there anyway to force him into drug/alcohol rehab?Also,if we have separate bedrooms and have had no physical contact for over 18 months, can I divorce him without either one of us actually leaving the physical address? ( I refuse to leave and so does he)


Asked on 8/02/08, 6:51 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: is my husband considered incompetent?

Under the circumstances described, I know of no measures which you could undertake to force your husband into rehab.

Virginia case law does now allow for spouses to live separate and apart continuously and without cohabitation for purposes of meeting the statutory periods of separation required for no fault divorce although they continue to occupy the marital home, provided that the moving party(the one seeking the divorce) can document the situation satisfactorily by a preponderance of the evidence.

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Answered on 8/02/08, 10:08 am


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