When you are getting divorced, it can feel like everything changes in a matter of months. You quickly go from living off of two incomes to living off one. The lack of finances can make it hard to get the fresh start you had hoped for with the divorce. Many couples wonder if there is a way to live separately but still in the same home during a separation.
The Difference Between Separation and Divorce
Some states will allow couples to request a legal separation, which gives them the same rights as a divorce without actually divorcing. However, Virginia law says no legal separation, but you can get a divorce from bed and board and have your marital rights resolved without a divorce. A divorce from bed and board are rarely used.
While a Virginia couple cannot obtain legal separation, they can be separated but still live in the same home prior to finalizing a divorce. Virginia law states that a no-fault divorce can be issued after one year if the parties live separately and apart without minor children, or after six months with no minor children and an agreement on marital rights. There are also fault grounds for divorce.
How To Live Separately and Apart… Together
There are factors the courts will take into account to determine if the two parties are actually living separately and apart in the same residence. The two parties cannot share a bedroom or bathroom, have sexual relations, wear wedding bands, spend holidays or vacations together or share financial accounts. It is also not in the parties’ best interests to do various tasks together like laundry, eating, attending events, or gift purchasing and giving to one another. All of which can be even more complicated when children are involved.
The main reason for cohabiting, or continuing to live in the same home, should be for financial purposes, and it should be like living with a roommate, not a lover.
Consult a Virginia Family Law Attorney
If you find yourself in a situation where you think cohabiting with your separated partner is in your best interest, you should consult an attorney to figure out the best way to approach the scenario. Contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
