Legal Separation In Virginia While Living Together

The article highlights the importance of amicable living arrangements post separation.

Legal separation in virginia while living together.

Living separate and apart requirements under virginia divorce law. With minor children couple seeking divorce must live separate and apart for one year. Let close associates and relatives know that you are not living as man and wife but are separated within the residence. In virginia there is technically no state of being legally separated you re either married or divorced.

Instead the only option for ending a marriage is for the couple to file for divorce either a traditional no fault divorce or a divorce from bed and board. In virginia you don t have to file for a legal separation. Then combined with that decision you have to stop cohabitating. However if you and your spouse are living separately and you want support or other relief but you do not have grounds to file for divorce you may qualify to file an action for separate maintenance.

Utilize separate entrances to residence if feasible. In a virginia divorce there must always be grounds for divorce. Virginia divorce law permits couples to reside in the same house during a separation otherwise known as an in home separation. Depending on your circumstances the duration of your separation whether in house or not must meet either the mandatory six month or one year mark under virginia law.

Plan you separation accordingly and assess whether an in house separation aligns with your plans and goals. You should speak with a virginia family lawyer before starting an in home separation to ensure that it has the best chance of being held valid by a court. Legal separation is not available in virginia. Unlike many states virginia does not have a procedure for obtaining a status of legal separation in these no fault cases.

Virginia law allows for no fault divorce on the grounds of a living separate and apart for one year or b living separate and apart for six months with a separation agreement in place and no minor children. In a no fault divorce those grounds are based on a period of separation. This website uses cookies to ensure you get the best experience. This requires that the couple refrain from any sexual contact with each other sleep in separate beds and rooms use separate food and house supplies and abstain from shared social activities.

Under virginia state law a couple must be separated for a full year before they can officially file for divorce with certain exceptions applying. Divorce from bed and board requires one spouse to allege fault like cruelty desertion or abandonment. Although the easiest way to determine the beginning of a separation period is by marking the date when one party moves out of the marital home the start date may be amended in certain cases. In fact it s a lot easier than that.