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Co-Habitation Rules for Virginia

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TOLVA

Junior Member
What is the name of your state?
Virginia

My wife and I are starting the Divorce process, but currently reside at the same
residence. The lease on our apartment is still valid for another 6-7 months, and would prefer to not pay for another residence until we have to. A friend informed me that under certain situations we could stay at the same apartment and follow certain co-habitation rules to start the legal separation process and not loss the time we have now. We have (2) children, so it would take one year to be legally separated from what I have read. Also, what is the first step that I need to do ? Do I have to file the complaint document, then after one year of separation file the separation agreement document ?

Thank-You,

JP
 


pammness

Member
What you need

Is separate bedrooms. I went through something similiar in Va as well. You have to be able to state and possibly prove that you have not had marital relations. Since there is property, furniture, vehicles etc and children in the marraige you will need to be separated for one full year. Both have to know and agree to the exact date the separation occured.
Do I have to file the complaint document, then after one year of separation file the separation agreement document ?
HUH ? What complaint document ? What separation agreement ?
 
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pty

Member
pammness said:
HUH ? What complaint document ? What separation agreement ?
The "Bill of Complaint" is the document that is filed with the court requesting the divorce. I don’t believe you can actually file this document until you meet the divorce requirements (in this case, being separated for a full year).

The Separation Agreement/Property Settlement is a document that addresses property distribution, child custody, child support, etc. It allows you and your spouse to come to a decision about these things (although it has to be fair) instead of having a judge decide. It also allows for an 'uncontested' divorce which is less time consuming and expensive.

OP, this website might be helpful:

http://www.denbighlaw.com/div_uncontested.html

Regarding cohabitation, Virginia code states: "the husband and wife have lived separate and apart without any cohabitation and without interruption for one year." In some states it is possible to be considered 'separated' even if you still live in the same house. I’ve never heard that about Virginia, but that doesn’t mean it’s not the case :)

My disclaimer--I AM NOT AN ATTORNEY
 
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pammness

Member
Thanks PTY

I know that alot of time things go on a case by case situation. We did live in same home, but no papers had were filled out as directed by attorney, we just had to both testify to judge that marital had stopped on "X" date. We did not file a separation agreement, was told it did not exsist. Property was determined at the time of divorce, we did go through court mediation on this step before final divorce hearing as ordered by the judge. Child Support and custody were left open for the courts to decide as he would agree to nothing. Divorce went through some 6 monthes after divorce was final. I know counties differ, so OP, you may want to call yuor local courthouse and see what they say. :confused:
 
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