bobaren Posted March 22, 2014 Share Posted March 22, 2014 Hi all, My husband and I have amicably agreed to end our marriage. Two questions... First, We live in VA and have two children so I understand that we need to wait a year after not living together prior to filing, correct? Or can I file prior to the year being up? Second, he was convicted of a felony recently and the judge did something unusual in that my husband will not start serving his sentence of 1 yr 9 mo until he has completed therapy, which will be in approximately one year. A felony charge with a year imprisonment or more is grounds for immediate divorce, however.... This is what the law says: Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights); If I'm reading that correctly, I cannot file until he's actually in prison. You cannot simply get an immediate divorce based on the just fact that he was convicted. He would have to actually be in prison. It would make life a lot easier if we did not have to wait another 9 months to file, but if we have to, so be it. We likely won't be using an attorney because our situation is fairly simple. We have no property, and although we have children, he has no leg to stand on as far as custody. He understands that I would get full custody regardless based on his situation. Any insight? Link to post Share on other sites
2sunny Posted March 23, 2014 Share Posted March 23, 2014 Ask an attorney in your state. It must be easy info for them to provide for you. If needed, pay a small fee to them for the info provided. If you don't want to - go to the court house and ask at their help desk. That's what it's there for. Link to post Share on other sites
carhill Posted March 23, 2014 Share Posted March 23, 2014 Concur on use of the court's help desk or family law division, as your question is regarding process and procedure, not asking for legal advice. IANAL but the VA Bar has a web site you can check out: Virginia State Bar My read is that he has to be actively confined, so this aligns with your understanding. If that is the case, I would recommend documenting the aspects required for the year 'cooling off' period for no fault, even if incarceration is in his future, so you can go either way, depending on what happens. That means, in part, demonstrating separate habitation now and for the next year. If you don't, you're bound to the incarceration pathway only *or* must begin the year at the point things change in that regard. Most lawyers offer a free consultation and such matters of process can be easily covered without retaining them. Good luck! Link to post Share on other sites
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