Legal Question in Family Law in Virginia
Filing A Divorce
I've been separated from my husband for 4 months, however, while we were living under the same roof we were not intimate for 2 years and I have a witness that will testify to that. Will this lessen the waiting time for filing for my divorce?
2 Answers from Attorneys
Re: Filing A Divorce
This question has caused a lot of controversy.
In any event, separation for divorce purposes will not be recognized during a period of "cohabitation" unless the couple had ceased all contact with one another except to say hello and goodbye. As a practical matter, the latter
condition is difficult to prove and is not recommended.
Re: Filing A Divorce
It certainly can in VA. If the two of you have slept in separate bedrooms, didn't cook or clean for one another and basically held yourself out to others as separated you can have the clock start ticking for the separation period while living in the same house!
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