Legal Question in Family Law in Virginia

Re: Affects on Separation

If I understand your question correctly, I think you are asking if you move back into the marital home (where your husband also lives) will this affect your legal status as "separated". Under VA law you can remain "separated" while living under the same roof if you can prove to the court that you kept separate finances, slept in separate rooms, did not resume sexual relations, and lived basically as though the two of you were separated. Nevertheless, I would file for divorce before moving in just to make it easier. If you both agree to sign a property settlement agreement then you could be divorced within a couple of months. If I can be of help, please call me at 703-968-3974.