Virginia Separation Under The Same Roof

John whitbeck 08 03 2020 virginia family law requires divorcing couples to live separately for some time either six or 12 months depending on the circumstances before they can file for an uncontested divorce.

Virginia separation under the same roof.

However virginia law does allow spouses to live separate and apart under the same roof for purposes of their six or twelve month separation period. If you and your spouse decide to separate under the same roof you should let friends and family members know. How you can separate while living under the same roof by. You are required to stay separate and lead independent lives.

There are two 2 qualifications however for a living under the same. The idea is that you should be living as if you are polite roommates. Living separate under the same roof even though judges don t favor an in home separation in virginia they do make exceptions in special circumstances. Physical separation is usually achieved by one party moving out of the marital residence.

This person can be a relative friend neighbor nanny co worker or even an adult child. In home separation in virginia. Normally you and your spouse should be living apart when separated but in some cases there may be exceptions that allow you to pursue virginia separation under the same roof. Should other people know about our separation.

You will also need another individual to verify your in home separation to the court. While separation under the same roof may seem more convenient than supporting separate households couples should be aware of the realities of this arrangement. For more information see in home separation in virginia. The required period of separation was intended by the lawmakers to mean that the husband and wife would actually live in separate residences.

The virginia courts recognize this situation and allow for parties to establish a period of separation while continuing to live under the same roof. 1 you don t have any minor children meaning you can have children but they must be over the age of 18 and 2 you already have a signed separation agreement in place. Use separate bedrooms and don t engage in intimacy. However they did not make that clear in the law.

Virginia law is very specific about how separating couples need to live even when they re under the same roof. Couples may choose to live together during separation for several reasons financial reasons being the most common. As a result many virginia divorcing couples spend all of a portion of the 1 year 6 month period of separation while living under the same roof. If you and your spouse endeavor to live separate under the same roof you ll want to adhere carefully to these guidelines.