we got separated for 1 1/2 yrs in 2007. we got back together but i found out that he was with another woman and was still having contact with her when we got bback together..he had another child from past relationship and the mother passed away nov.2009. we were always arguing about him not being around while his daughter is n the house for the transition while he was fighting for het custody..he said he doesnt love me enough to saty married to me and he left us. but he hasnt filed for divorce..I want to go ahead and start the divorce myself but I dont know how or where to begin.
Whether your husband was the one who left is not determinative of whether you will receive spousal support or not. There are a variety of factors the court will look at pursuant to Virginia Code section 20-107.1. The most important of these are his ability to pay and your need for support. The other factors are laid out below. Since you have already been separated for more than one year, you can file for divorce right away. I highly recommend hiring a lawyer to assist you with this.
In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:
1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under § 20-107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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