Legal Question in Family Law in Virginia

Re: Separated But Having Occasional Sex!

I assume that what you mean as "been together" is sexual relations? If so that means the clock start ticking all over again from the date of your last sexual relation with your spouse. You see the court views this as a possibility of reconciliation and doesn't like to grant divorces until at least 6 months (if you have no kids) or 1 year (if you have children together) from the date of your last sexual act together.

Re: Separated But Having Occasional Sex!

In Virginia, a no fault divorce can be obtained after six months separation if the parties have no minor children AND have a signed Separation (and/or) Property Settlement Agreement. If there are minor children or if the parties do not have a signed Agreement, they must live separate and apart for one year before filing for a no fault divorce.

The separation must be complete and uninterrupted. Therefore, if you have had sexual relations with each other during the period of separation, you have interrupted the separation and must start again.

If you would like to discuss divorce in Virginia, please feel free to contact my office: Elizabeth Ann Jones, P.C., 226 Maple Avenue West, Suite 202, Vienna, VA 22180 (703) 281-7606.