Legal Question in Family Law in Virginia
sex during separation
My husband and I have been separated
since July 06. He has been living in an
apartment since July (with his name on
the lease). He and I had sex in
February. Does having sex restart our
divorce time clock? If we choose, can
we still file for divorce in July 07?
2 Answers from Attorneys
Re: sex during separation
According to the no-fault divorce statute, the parties are to live separate and apart without cohabitation (for the required time period). Does one sexual encounter
constitute "cohabitation" within the meaning of the statute. I would think not unless one of the parties to the divorce or his or her attorney wants
to make an issue of it. (In other words, if this dog is still sleeping,
let her continue to snooze----at least until the divorce is finalized.)
Re: sex during separation
The resumption of sexual relations sets the time period for separation back to zero. The separation, and the ultimate filing of the complaint, will be calculated from the time of the last sexual act.
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