Legal Question in Family Law in Virginia

Legal separation/cohabitation in prep for divorce

VIrginia law requires a legally married couple with a minor child to be separated for a year prior to final divorce. Does this mean that by not cohabitating, that they have to physically separate and maintain two distinct households and all expenses. or can they live in separate bedrooms in the same residence as basically economic roommates and still be considered legally separated and start the clock for the one year requirement?


Asked on 4/25/08, 9:41 pm

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Legal separation/cohabitation in prep for divorce

You may "separate" in one household provided that everything else is separate,and you appear as a separate (not married) couple sharing the same building. (Much as you would if your husband lived in another apartment in an apartment building.) Everything however must be separate.

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Answered on 4/26/08, 10:53 am


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