Hudgins, VA asked in Divorce and Family Law for Virginia

Q: Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?

We are sleeping separately in different rooms.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout Virginia, and some judges are more skeptical of whether it has actually occurred continuously for the required period of separation. A separation under the same roof poses practical difficulties, and seems more likely to lead to greater stress, conflict, and possible cruelty or violence. Given that divorced spouses rarely live together after the divorce, it seems to simply forestall the inevitable, and defeats the purpose of requiring a separation for a no-fault divorce.

Anyone facing separation or divorce in Virginia should consult with an experienced Virginia divorce lawyer.

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