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Must I file for divorce to receive spousal support if my husband moves out?

Hayes, VA |

My husband filed for divorce last year and was awarded temporary residence of our marital home. We reconciled for a month, and he stayed at my home. We cancelled our divorce paperwork and now he wants to divorce again. He stopped paying support, so I had no money for rent and moved into our marital home with him. He is now wants to refile for divorce and is planning on moving out next week. He said he will let our home go into foreclosure. I don't believe he is mentally stable at this point and don't want to file for divorce, but can I file to receive support without actually beginning a divorce process? I'm hoping he will seek psychiatric help and we can work on our marriage.

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Attorney answers 2

Best Answer

Virginia has a dual court system with regard to spousal support. Both the Juvenile & Domestic Relations District Court (J&DR) and Circuit Court can award support. Only the Circuit Court can grant a divorce, however. If you do not want to file for divorce, you can file for support in the J&DR Court. Your husband could file for divorce and have the case put into the Circuit Court, however. A lawyer could explain the specifics of this to you. In the meantime, you certainly could file in the J&DR Court.

This answer is for general information purposes, is not legal advice and does not create an attorney-client relationship.


It is highly unlikely that you would be granted spousal support without a pending divorce. I suggest speaking with an attorney about filing for divorce based on desertion and seeking pendente lite support.

Disclaimer: This does not constitute legal advice and does not create an attorney client relationship. I practice law in Virginia and do not have direct knowledge of the laws of others states.