Can My Husband Stop Me From Filing No-Fault Divorce in Virginia?

Posted on Jan 25, 2010 by Hofheimer Family Law

If you and your estranged husband have not seen eye-to-eye for a number of years, there is a chance that you will not be on the same page when it comes to filing for a Virginia divorce.

If you have decided that it is time to seek a divorce, and your husband is not in agreement, one of your options is to pursue a No-Fault Virginia divorce. Because a No-Fault divorce doesn’t involve your having to prove marital misconduct, you avoid at least one hurdle in achieving a successful divorce.

You may still wonder: Can my husband stop me from filing no fault divorce in Virginia? The answer is; No.

Your husband cannot prevent you from seeking a No-Fault divorce in a Virginia divorce court. He may be able to slow and extend the process, but he cannot legally “force” you to stay married to him.

If your husband is opposed to the idea of a No-Fault divorce, you likely won’t get him to sign a separation agreement, a legal document that shortens the “waiting period” to file for divorce in Virginia

This won’t stop the divorce, but it does increase the wait period – in which you and your spouse physically separate – from 6 months to 1 year.

Your husband will be given notice of the divorce proceedings and is entitled to voice his side, but this will not prevent you from filing for, or obtaining, a legal and binding divorce. A Virginia divorce attorney can help you to determine the particulars of your individual Virginia No-Fault divorce.

To learn more about how to file for a No-Fault divorce in Virginia and whether you qualify for a Virginia No-Fault divorce, read our article, How to Get a No-Fault Divorce in Virginia.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule your legal consultation – (757) 425-5200.