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.
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