Pushing a Property Settlement Agreement

In a situation like this you have to determine where your leverage is.  What does she need from you?  Does she need you to pay her child support?  Does she need her things from the house?  I am not saying you should necessarily deny her any of these things, but this is where she will have to communicate with you to get what she wants.  If the answer is there is nothing that she wants from you, then there may be nothing you can do except wait until your case is ripe to file for divorce. Since you have children together, you will have wait until you have been separated for a year before either of you can file for divorce, unless you have fault-based grounds, such as adultery, cruelty, or desertion.  On the other hand, if there is something you need from her - visitation rights, spousal support - you may be able to file in the Juvenile & Domestic Relations District Court to have these issues resolved.  However the JDR courts cannot address marital property issues.  Those will have to wait to be heard in the Circuit Court pursuant to a divorce, if the two of you are unable to work it out ahead of time.  You would join the hundreds or maybe thousands of other people who find themselves in this legal limbo waiting period where there is nothing that can be done. 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. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.