Legal Question in Family Law in Virginia

Separated spending holidays together

My husband and I are currently separated. I wanted to know if I spend the holidays with him(decorate tree, open gifts, eat dinner, etc.), will that jeopardize our separation? We have a child together and have to be separated for one year before filing divorce.


Asked on 11/26/08, 9:10 am

2 Answers from Attorneys

Lisa McDevitt McDevitt Law Office

Re: Separated spending holidays together

You do have to be careful but I do not believe one dinner will be a problem. Are you two living in the same house? If not then one dinner should not cause a problem. If you are trying to show the court that the two of you have separated within the same house, then having dinners together can be a problem. Even with that said, if it is only one dinner, without any intent to reconcile, and its sole purpose is for the child then you should be okay to do the events you discussed for one day only.

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Answered on 12/01/08, 1:07 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Separated spending holidays together

If nothing occurs between the two of you beyond the activities you've mentioned, I'd say no problem.

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Answered on 11/26/08, 11:51 pm


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