Boston, MA asked in Divorce for Virginia

Q: Can divorce be granted if there has been no relations in 10 years but still cohabitating with no separation?

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1 Lawyer Answer
Lisa Mathews
Lisa Mathews
  • Alexandria, VA
  • Licensed in Virginia

A: Great question! It depends on what you mean when you say "no separation." Virginia does allow for something called "in-house separation." This requires that both parties are living as though they are already separated, even if under the same roof. The relationship must have been severed, in the sense that you intended to separate. You would not have been "holding yourself out as a married couple." You would as much as possible have separated your finances, daily routines, etc.

A common scenario is that the couple intends to separate, but can't afford to physically separate, so they move into different rooms and start acting more like roommates.

However, this is a fact-specific inquiry, so it is a good idea to talk to an attorney.

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