Legal Question in Family Law in Virginia

I would like to initiate a divorce. I understand that in Virginia, a no-fault divorce will only be granted after a year of separation (there is a 4-year-old child). My husband is opposed to the idea of separation and divorce. We bought a 3600sq-ft house together last year, using his savings, mostly. I know he will not willingly move out. My question is, if one of us moves into the basement and lives as a separate household, can that be considered separation? How can I legally establish when and how the year of separation begins (assuming he will contest it)? Do there have to be papers/a lease? My husband currently has no income. He won't move out, I can't move out and leave him with no income, and I know he won't sign any separation agreement. How can I proceed?


Asked on 7/30/10, 4:13 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

It is possible to be separated while living under the same roof, even without a written agreement or a lease. It requires different sleeping quarters, should mean few if any meals together, no social functions together, and acknowledgement to some third parties that you are separated. It is wise to have at least one third party visit you weveral times in the residence to be able to say there was no evidence of cohabitation, like his clothes in your closet, etc.

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Answered on 8/04/10, 9:33 am


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