Divorce under 18?

Hey mama's ..I don't know if any of you are a divorce attorney but you may be able to help me answer my question.. I live in Virginia.. I was 16 when i got married to my first husband..he was 19..we got married at court house with both my parents signature..My husband got arrested November 30th 2011 for assault and battery of a family member [me] He held a gun to my head and hit me. I started my divorce 6 months after me and him were seperated..[WE HAVE NO KIDS TOGETHER] I paid an attorney $366 to start my divorce.. She sent my husband the seperation agreement and she called me and said he sighned but they notery person messed up on it and she had to send it back to my husband and she hasn't heard anything from him since.. He is not in jail that we know of.. He got out on Bond and has court Monday..I dont know why he signed the first time and not the second.. But anyways..My attorney said I can get a divorce once me and my husband has been seperated a year. Regardless he signs or not... Today makes a year.. Yesterday she called me and said she was starting on my divorce.. Then later calls me last night and says I cant get a divorce til I am 18.. I am 17 right now..with a daughter and a baby on the way [Neither is my husbands] Is what the attorney told me true or is she trying to just take my money? I need help I dont know what to do..i want out of this marriage.

I am not exactly sure, and I wish I could help more- but good for you for getting yourself out of that situation.

I would contact someone else, another lawyer in your area, or maybe even a courthouse just to double check the information this lawyer is telling you, ya know? Can't harm you to have more information to make sure you're getting divorced.

I mean, if you can get married before 18, I am sure you can get divorced before 18. Good luck!

I think since you are 17 your parents might have to consent. Call the court house and ask someone, your lawyer might not have experience with it seeing as it's pretty uncommon to see a 17 year old getting divorced ( not bashing just saying)

Thanks girls. I did call my court house and they said they wasn't sure that i would have to talk to another attorney.. So i am trying to find another attorney in my area who i could speak with

<blockquote><b>Quoting *reallifeteenmommyof2*:</b>" Hey mama's ..I don't know if any of you are a divorce attorney but you may be able to help me answer ... [snip!] ... attorney told me true or is she trying to just take my money? I need help I dont know what to do..i want out of this marriage."</blockquote>



I have no idea about the divorce laws in Virginia but I would think that if your parents signed for you to gt married that is essentially equal to an emancipation and would make you legally and adult who can make adult legal decisions.

Regardless, wow, you're life is a smurf storm. Good luck.

I'm from VA. The way it works is since you are still a minor, your parents are going to have to consent for you to get a divorce as well.

Quoting Jas ♥:" I'm from VA. The way it works is since you are still a minor, your parents are going to have to consent for you to get a divorce as well. "

That makes sense.

Id definitely talk to another attorney. If u started ur divorce paperwork a year ago, why is ur lawyer just now finding out that u cant get divorced until ur 18? Seems like something they should have known or inquired about sooner.

Quoting Momma +2 Girls:" Id definitely talk to another attorney. If u started ur divorce paperwork a year ago, why is ur lawyer ... [snip!] ... now finding out that u cant get divorced until ur 18? Seems like something they should have known or inquired about sooner."

In Virginia, you have to be legally separated for a year before even filing for divorce. Her attorney probably wasn't aware that she'd have to wait until she was 18 to legally file for divorce. Since you don't have to file legal papers for separation, since it can be defined in many ways, she didn't run into trouble there. The divorce is a whole different ballpark and is a unique situation. Lawyers learn as they go, they don't know everything.

Quoting Jas ♥:" I'm from VA. The way it works is since you are still a minor, your parents are going to have to consent for you to get a divorce as well. "

Thank you so much! I figured that was probably the case.. I will try to go to my court house and get a legal emancipation paper signed and showing that my parents give permission for my divorce..

Quoting *reallifeteenmommyof2*:" Thank you so much! I figured that was probably the case.. I will try to go to my court house and get a legal emancipation paper signed and showing that my parents give permission for my divorce.."

Good stuff. Good luck with everything!

<blockquote><b>Quoting Jas ♥:</b>" In Virginia, you have to be legally separated for a year before even filing for divorce. Her attorney ... [snip!] ... The divorce is a whole different ballpark and is a unique situation. Lawyers learn as they go, they don't know everything."</blockquote>



Thats true and i understand they dont know everything. But the OP said she already paid the lawyer to start the divorce process. Im sure the lawyer was aware of her age (if the OP didnt tell her then thats understandable also) so since its not a normal situation, i think the lawyer should have looked into it more.

Quoting Momma +2 Girls:" <blockquote><b>Quoting Jas ♥:</b>" In Virginia, you have to be legally separated ... [snip!] ... her then thats understandable also) so since its not a normal situation, i think the lawyer should have looked into it more."

The lawyer probably didn't think there would be an issue to look into. That's what I'm saying. When starting the divorce, paperwork is filled out. That's the first step. Her lawyer couldn't file the paperwork until her and her ex had been separated for a year which is when she ran into this issue.

That is true..She just NOW started working on filing the divorce last night..since today made year me and my husband has been seperated.. i told her my age when i first called her to help me with my divorce..I do think she should of known when i first told her my age ..But maybe she didn't know herself..she told me that the guy she works for is who told her i cant get my divorce til im 18