If I want to separate from my husband, what are my rights?

UPDATED: Jan 12, 2013

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If I want to separate from my husband, what are my rights?

Asked on January 12, 2013 under Family Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Until you are finally divorced, you continue to have the same "rights" as you did when you were married.  If you had access to the checking account, you can still write checks.  If you were on the credit card, you can still make purchases using your card.  With regard to children, until there is a court order in place which sets out a custody arrangement, both parents will have equal rights to the children.

Technically, parties remain married until they are divorced.  If there is a concern about one side increasing the marital debt or disposing of marital property, then one spouse can file for divorce and ask for temporary orders which address any concerns regarding property or children.  Virginia does have provisions for marital support.  However, to get marital support during a period of separation, the wife would need to file for temporary orders asking for the support during the period of separation.  The court can also extend marital support after the divorce is finalized if the wife otherwise qualifies for the support.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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