Legal Question in Family Law in Virginia

Do both parties (no children) have to agree to a same household separation in the state of Virginia if the person wanting the separation cannot afford to live in a separate household due to the fact the other person has limited income due to limited employment?


Asked on 10/16/09, 9:03 am

2 Answers from Attorneys

sheryl shane sheryl shane, attorney at law

If you remain in the same home with other person and are claiming you are separate and apart for six months or one year, etc. - the other person may claim otherwise. What proof will you have that you have remained separate and apart? There may be a problem!

Read more
Answered on 10/21/09, 9:30 am
Lisa McDevitt McDevitt Law Office

No. The trick is that you must have a friend or relative that visits you during the period of separation (preferably a couple of times) and they can testify that they saw the two of you were living in separate parts of the house, that you haven't since cooked dinner for each other, did each other's laundry, etc or act otherwise married. So you can separate in the same house even if he doesn't believe it is a separation if you act as described above.

Read more
Answered on 10/21/09, 12:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia