Legal Question in Family Law in Virginia
No fault divorce and cohabitation
My husband threw me out of our home over a uear ago. I moved into my own apartment and since then to another residence. I filed for divorce on the grounds that we had been living separate and apart for over one year. A family friend put him up because he found himself homeless and asked if I would allow him to come and stay with me and our children until he could find a place of his own.
We have not resumed the marital relationship, I have no intention of doing so. He sleeps in one of my childrens' bedrooms. Because of this situation, can I still divorce him on these grounds or does my one year start all over again when he leaves my home? And how do I legally serve him with the Bill of Complaint?
2 Answers from Attorneys
Re: No fault divorce and cohabitation
As long as you can testify truthfully that you've been living separate and apart at the hearing on your "Bill Of Complaint", your case can go forward.
Your husband can go to the courthouse and sign a waiver of service at the clerk's office and be
served there with a copy of your Bill Of Complaint.
Re: No fault divorce and cohabitation
This situation is not as unusual as you may think. If you have, in fact, been living separate lives, you have what is known as "constructive separation". This will not reset the 1-year clock, but it is wise to have a friend who can be a witness to the separate living arrangements.
As fo the service, you can either have the Sheriff serve him, or he can voluntarily go to the courthouse and have it served on him there.
Good luck!
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