Legal Question in Family Law in Virginia
Separation
I have asked my spouse to leave so that we may separate and better determine a solution to our problems. He will not leave. The t-house is in my name only. The majority of our issues are financial and lack-of-trust. As a result, I do not feel safe leaving my own home. Is there a way to require him to leave, or may we separate by staying in separate parts of the t-house but under the same roof; how is that proven?
1 Answer from Attorneys
Re: Separation
In order to get him out, you will need to file what's called a pendente lite
petition with your local circuit court, asking that the court award you temporary sole possession of the family home, and, if necessary, support and maintenance for your self and any applicable children, pending final resolution of these matters through a final decree of divorce.
There is now, however, Virginia case law which allows couples to stay in the family home but "live separate and apart, continuously and without cohabitation" for the required period of time as required by the statute governing no-fault divorce in the Commonwealth, but, understandably, it can be somewhat problematical when it comes to providing proof that such has actually occurred for purposes of meeting the evidentiary standards required for no-fault divorce.
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