Legal Question in Family Law in Virginia

"Different bedrooms in the same house" may not be enough to legally

establish your separation for purposes of the divorce statute. (Va. Code Sec. 20-91) The relevant caselaw seems to suggest that separate households

within the same marital home may be necessary in order to severly limit the natural interactions between the spouses which would otherwise likely take place.

And, furthermore, there is the suggestion that these separate households with

their separate activities and indicies of separate lives should be observed from time to time by some neutral third party who would then be available to testify

at the final divorce hearing as to what s/he observed in regard to the

separation of the spouses for the period required for the divorce to

become final as prescribed in the afore-mentioned Virginia statute.

The question appears to be answered to some extent. You need to file appropriate paperwork to get the process going. If neither party contests the divorce, you may be able to proceed as planned. Sheryl Shane, Attorney at Law. Tel. 703 503 4448. www.sherylshanelaw.com.