Legal Question in Family Law in Virginia

Re: Leagal seperation

Filing for a no fault divorce in the Commonwealth normally requires that the spouses live separate and apart continuously and without cohabitation for the required statutory period. However, Virginia caselaw does allow for this required separation to be established within the same household if it can be credibly demonstrated by a preponderance of the evidence that in fact the spouses in effect had separate households established under the same roof with each living as though s/he were in a separate physical residence and simultaneously meeting the other statutory requirements.