Legal Question in Family Law in Virginia

My spouse and I are estranged but live in the same residence. We have not been intimate in 5 years. Can I file for divorce, given the fact that we share the same address?


Asked on 12/12/14, 11:35 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, it may be possible if you can demonstrate that in fact you and

your spouse have in effect maintained separate households within

the same marital residence and therefore have as a practical matter

been living separate and apart for at least one year in order to meet

the requirements of Va. Code Sec. 20-91.

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Answered on 12/13/14, 6:18 am
Paul B. Ward Law Offices of Paul B. Ward

No social events together; no meals together; separate quarters within the household; AND demonstrated intent that the separation be permanent, leading to a divorce (telling family & others, etc.)

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Answered on 12/14/14, 6:11 am


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