Legal Question in Family Law in Virginia

Re: separation and cohabitation

1. "Is it true that once a legal separation is in order that the couple can no longer co-exist in the home?"

I am not clear what you mean by the phrase that a legal separation is "in order" and also the term "co-exist".

You might mean that a legal separation is "in order" in that a Separation Agreement has been entered into. Whether it has or whether the agreement is just verbal this has no effect any possible "cohabitation". People can cohabit with or without an Ageement signed.

"Cohabitation" has precise legal meaning and is generally understood to mean acting as if you were still married but means much more than just having sex. It also means doing the things a married couple do. Go to church, take out loans, eat, shop and plan together. Just living in the same residence does not amount to cohabiting or coexisiting. There is case law as recent as 2002 which holds that two people can live in the same residence and still meet the criteria for living "separate and apart" for purposes of a no fault divorce in Virginia.

2. "Also, if this is true does the date of the separation change?"

If a couple previously separated cohabits, that is has sex or acts as if married, then they are no longer separated. Once thier reconsiliation stops, a new date of separation can begin.

3. "Is it true that the state of VA has a ''one year of separation before a divorce can be finalized?"

A no fault divorce is possible in Virginia after twelve months of living separate and apart, continuously, uninterruped and without cohabitaion. One may file a fault ground divorce at any time and prove it in court. The fault grounds in Virginia are adultery, desertion, physical cruelty or being covicted of a penetentiary sentence in excess of one year.

I hope I've answered your qustions.

Good luck.