Legal Question in Family Law in Virginia

My wife stated she wanted a divorce yet no papers have been filed for separation. We still live in the same house, sleeping in separate rooms. This has been going for 5 months now. Are we legally separated?


Asked on 5/28/13, 11:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

There is no legal status in the Commonwealth formally recognized as "legal

separation". However, if you mean to refer to one of the conditions required for divorce per Va. Code Sec. 20-91, i.e., the spouses living separate and apart continuously without cohabitation for at least 12 months immediately preceding the divorce filing, then, no, what you've described would not appear to comport with these requirements (in my opinion).

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Answered on 5/29/13, 5:25 am


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