Separated and she is trying to take a car that both names are on?
I have been separated since 12/5/2018, she refused to sign a separation agreement. (No kids in common) I am on disability (kidney patient). She is now threatening to take a car that is in both our names. She recently filed bankruptcy and listed the car? I make all the payments, I have insurance on it. She has her own car in her name only. I want to file for divorce but she is making my life a living hell. I am not asking for anything from her. I just want out! What can I do?
2 attorney answers
A way to sort this out is through a divorce. You should consult a local family law attorney for the best course of action in your particular situation. Virginia requires a one-year separation period. Then, you can start your divorce process without your wife's consent and serve her with the divorce papers and request for a pendente lite hearing for an order on the use of the assets (car), pending a final divorce hearing. Best.
My answer is for general informational purposes only and is based on the limited facts given here. It does not constitute an attorney-client relationship.
There are a number of additional details that would be important to throroughly address your question, but it appears you are heading towards a contested divorce. In Virignia, people need to have a "reason" for divorce. More specifically, the term "uncontested divorce" is used in practice, but is not specifically referenced in the Virginia Code. Generally speaking, "uncontested divorces" occur when the parties entere into a separation agreement. However, there are two basic ways separation alone works as an appropriate reason: 1) 6 months separation, no children, AND a separation agreement; or 2) one year of separation. Based upon the limited information in your question, it appears you will need to wait until 12/5/2019 to file for divorce if you are seeking relief due to the separation alone.
It is important that you consult with an attorney as 1) you may have an additional grounds to file for divorce (adultery, dissertion, cruelty, etc.) that will allow you to obtain relief much sooner, 2) there may be additional remedies you can seek, and 3) the divorce process can be complicated.