Legal Question in Family Law in Virginia

Filing for Divorce while living under same roof

Can we file for divorce while living under the same roof? Financial reasons have kept us under same roof. We have separate bedrooms. There is one minor child from the marriage. Can we still file, or does one of us have to move out before papers can be filed?


Asked on 4/17/03, 11:34 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Filing for Divorce while living under same roof

If you plan to file for divorce based on living separate and apart and without cohabitation for at least 12 months, the situation you've described would not appear to meet the requirements of the statute.

Read more
Answered on 4/17/03, 3:20 pm
Wayne Comer Wayne E. Comer, Esquire

Re: Filing for Divorce while living under same roof

I'm sure that by now you have had some other good advice. It is my opionion that while the one roof divorce is theoretically possible, I would not recommend this. A lot of questions will be asked of you. Your lives will have to be separated in every conceivable way other than the "roof".

Read more
Answered on 4/17/03, 4:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia