Legal Question in Family Law in Virginia
No Contest Divorce in VA
Dear Sir/Madam
Following almost five years of marriage, my husband and I have decided to get a divorce. The reason for the divorce is that I am from another country and try as I have, I can not be happy here in the USA and wish to return. I am looking to return at the earliest opportunity. My husband will not come to my country with me. Other reasons include extremely diverse personalities and views, lack of things in common and no sexual relations in almost two years.
As we remain friends, my husband and I would like to continue living together (separate bedrooms) until the divorce is final and I can go home. However, upon reading through some information on various websites, it appears this is not possible. Is that correct? I simply can not live here for six months in alternative accommodation and then wait another six months for divorce. I want to go home by the Summer, I am so unhappy.
This will be an uncontested divorce and any financial agreement will be made between us.
What is your best advice?
2 Answers from Attorneys
Re: No Contest Divorce in VA
It is commonly accepted by courts in Northern Virginia that parties can live separatly in the same house. They must maintain separate bedrooms, hold themselves out to others to be separated, not attend social functions together, preferably not take meals together or perform household functions such as laundry for one another.
There must be at least one person other than the parties themselves who can corroborate that the parties have lived separate and apart, even though in the same residence. That person should visit frequently with one of the parties to confirm that they are living separate and apart.
Re: No Contest Divorce in VA
In Virginia you may file a no fault divorce after six months of separation if you have no children and enter into a Property Settlement Agreement.
The Agreement can be quite informal but it must state that you have settled all issues of property division.
The law has changed as to what constitutes being "separated" to include two people separated but living in the same hose. Keep seperate bank accounts, divide up payment for bills, and stop doing all those things married people do (go to church, sleep together take loans together, etc)
You may he alredy meet the criteria for a six month separaton if you he been living as functional roomates already. If so you can draw up an agreement and file the divorce rght away. I do not see the need for the waiting period if these criteria are met.
As always, you need the services of a good attorney.
Good Luck