If there is common law marriage why not common law divorce

I have been seperated for going on seven years have attempted to serve with papers and he refuses to sign saying we will always be together. He now is living with another woman and has been for two years. He still refuses to go for divorce even though it bothers the girlfriend and i desperately want the divorce. I refuse to put anymore money into this process considering i have put over a thousand dollars into it already and have gotten no where. What are my options. Why if i can legally be married to someone if i live with them for seven years cant i just be legally divorced after being seperated after seven years.

Roanoke, VA -

Attorney Answers (1)

Sonja N Aoun

Sonja N Aoun

Family Law Attorney - Fairfax, VA
Answered

Did you and your husband live somewhere else before moving to Virginia? Unless you achieve common law marital status in a state that legally recognizes such marriages, Virginia does not consider you married, no matter how long you have lived with someone. So you may not even be married. If that were the case, you wouldn't have to do anything at all. Even if you are married, a spouse cannot prevent you from getting a divorce. Having a signature on an agreement that finalizes all the property and support issues between you is required in order to avoid a court hearing about these matters, but even without one, you can still file for and obtain a divorce.

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