Legal Question in Family Law in Virginia

How long do i have to wait to get a divorce in Va. We have been seperated since Nov 2013. We do have a child together but she is currently in the custody of DSS. He has been convicted of Assault&Battery; of a Family Member against me. There is also a 2 year protective order in place to protect me from him with no contact. How long do i have to wait to divorce and do i have to have a legal seperation document or can i obtain the divorce as long as he doesn't object without one as there is no custody issue to resolve?


Asked on 7/03/14, 3:07 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Probably, until November 2014.

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Answered on 7/06/14, 7:36 am
Paul B. Ward Law Offices of Paul B. Ward

When there is a minor child of the parties, no final divorce can be granted until the parties have been separated for one year.

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Answered on 7/07/14, 8:29 am


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