Every divorce is unique to the couple involved. Obtaining a no-fault divorce in Virginia, which the vast majority of divorces are, involves a mandatory 6-month period of living separate and apart for couples who have no shared children at home and a mandatory 1-year period for couples with shared children under the age of 18 at home. While living separate and apart typically means that one party moves out of the marital home, this isn’t always the case. If you are facing questions or concerns about legal separation, consult with an experienced Virginia divorce attorney today.
If you and your spouse are living separate lives within the same dwelling, you may consider yourselves to be living separate and apart, and there’s a chance that the court will agree with you. The less ambiguity involved, however, the stronger your argument will be. For instance, if you and your spouse mutually agree that the circumstances you find yourselves in amount to a legal separation, the court might go along with your estimation. If, on the other hand, your spouse contests the premise of separation (and you have no definitive way of corroborating his or her prior agreement to an in-house separation), you could be facing an uphill battle.
To clearly demonstrate that you and your divorcing spouse are living separate and apart in the same home (and, thus, that you meet the separation requirement for divorce), keep all of the following guidelines in mind:
The goal is to demonstrate that you are, for all intents and purposes, no longer living together as a married couple.
The accomplished Virginia divorce attorneys at Mahoney & Richmond, PLLC, are well acquainted with the complexities of Virginia’s divorce requirements and will help ensure that your legal separation efforts are upheld. We’re on your side, so please don’t hesitate to contact us for more information today.