Legal Question in Family Law in Virginia
No Fault Divorce / Co-habitation
My wife and I have decided to seek a no fault divorce in Virginia. We own a house together and can not afford to live in separate dwellings and still pay the mortgage. I have already moved into one of the spare rooms and we are living separately otherwise. Is one person ''required'' to move out of the house or is there a way to stipulate that we are living separately but in the same house?
2 Answers from Attorneys
Re: No Fault Divorce / Co-habitation
No, no one is required to move out of the house. You can live separate and apart in the house by moving into a spare room. One thing you must do, however, is make sure a friend or relative visits you in the home because in VA you you must have a witness at your final divorce hearing that can testify that the two of you maintained separate bedrooms.
Re: No Fault Divorce / Co-habitation
Virginia caselaw now recognizes the validity of separate households maintained by divorcing spouses within the same marital home for purposes of meeting the "living separate and apart continuously without cohabitation" requirement of the Commonwealth's no-fault divorce statute.
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