Legal Question in Family Law in Virginia
My spouse and I are estranged but live in the same residence. We have not been intimate in 5 years. Can I file for divorce, given the fact that we share the same address?
Asked on 12/12/14, 11:35 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Yes, it may be possible if you can demonstrate that in fact you and
your spouse have in effect maintained separate households within
the same marital residence and therefore have as a practical matter
been living separate and apart for at least one year in order to meet
the requirements of Va. Code Sec. 20-91.
Answered on 12/13/14, 6:18 am
Paul B. Ward
Law Offices of Paul B. Ward
No social events together; no meals together; separate quarters within the household; AND demonstrated intent that the separation be permanent, leading to a divorce (telling family & others, etc.)
Answered on 12/14/14, 6:11 am