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Olaf Francis Gebhart Jr.

Olaf Gebhart’s Answers

1 total

  • My wife and I have been separated for 9 months, what do I need to do to file for a divorce in the state of Virginia?

    Is legal separation required? How long is the divorce process if both parties can mutually agree about support issues?

    Olaf’s Answer

    In Virginia, you may file for an uncontested divorce on the following grounds:

    ...When the husband and wife have lived separate and apart without any cohabitation and without interruption for one year.
    OR.... In any case where the parties have entered into a separation agreement, and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.
    Code of Virginia § 20-91(9)

    Note: The Courts are extremely detail oriented. If you are not familiar with procedure, you should hire counsel to file your divorce, because the Court will likely reject the pleadings.

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