Legal Question in Family Law in Virginia
seperation/divorce
I live in Virginia, my husband and I signed seperation papers May of 2006. I was allowing him to rent the basement until he was able to get enough money to move out. Is that seperation legal and would I still be able to file for a divorce or will I have to get him out and start the year from that point?
2 Answers from Attorneys
Re: seperation/divorce
No, if you can credibly demonstrate to the satisfaction of the court that you and your spouse effectively maintained two separate households within the same marital home, you should not have to restart the period of separation from the time of his actual move.
Re: seperation/divorce
It is perfectly fine for him to rent out your basement and it won't interfere with your separation as long as the two of you do not attempt to reconcile. Separation isn't based upon living in the same household, it is based upon whether you act as if you are still married. Living in the basement alone won't be a problem.
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