Legal Question in Family Law in Virginia

Having sex while seperated

Does having sex with you seperated spouse restart the time in which you can file for divorce . You already have kids. Live apart but start sleeping together.


Asked on 10/20/06, 2:30 pm

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

Re: Having sex while seperated

Yes, it certainly could (have that possibility).

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Answered on 10/20/06, 3:40 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Having sex while seperated

It depends. One sex act does not equal "cohabitation" which is generally defined as resuming all marital relations, living, shopping, taking out loans, going to church etc. If you have regular sex I'd say that's a problem. Kind of like having your cake and eating it too (pun intended)

Good luck

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Answered on 10/20/06, 8:06 pm


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