I've been married 4 about 2 yrs. I think,I have one Childby my wife .It's been nothing but stress, A lot of arguingAround the kids.I don't think is good so I just want to get out of it.
There is no such thing as legal separation in Virginia. You are either divorced or married. You may not see another person during the process for divorce, which is likely to take at least one year absent additional facts. Seek out a local Family Law attorney for more information.
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do you think you are married or you think you have one child by your current wife? As a practical matter you'll need to get a divorce, there is no legal separation in the Commonwealth of Virginia. Best thing you can do to facilitate that is speak to a family law attorney in your area about the many details that need to be addressed.
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As the others have commented, there is no legally recognized separation status in Virginia. However, there are some options available to you. It sounds like you may be interested in a divorce. There are no-fault divorces in Virginia where you must remain separated for at least 1 year and have a property settlement agreement. If you choose this route, you would be best served to complete the property settlement agreement prior to filing for divorce, sometimes called a Separation Agreement. If you feel there may be fault grounds, you can explore those options too.
You may want to discuss this matter further with an attorney, to give you the best information.
I agree with my Virginia Colleagues. Now, in states which do have a status of "legal separation", such as Ohio, this is a very limited and weak action which is a lot of work to divide and separate property and set out custody, support and other rights, but after all that-- if the parties attempt to reconcile-- it is as durable as a soap bubble, easily burst by a simple filing of a "Notice of Reconciliation" -- and even in Ohio, I tell my clients not to waste their time filing for it. I agree- either you want a divorce or you do not. Consider your decision carefully-- with the advice of legal counsel -- In Virginia, where the case belongs. Sounds like some non lawyer is giving you bad advice based upon urban myth or "other" state laws which do not apply. Listen to these fine lawyers in your own jurisdiction. Good Luck.
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