Friday, June 27, 2014

My spouse and I are estranged but live in the same residence. We have not been intimate in 5 years. Can I file for divorce, given the fact t...

Question

My spouse and I are estranged but live in the same residence. We have not been intimate in 5 years. Can I file for divorce, given the fact that we share the same address?



Answer

Yes, it may be possible if you can demonstrate that in fact you and

your spouse have in effect maintained separate households within

the same marital residence and therefore have as a practical matter

been living separate and apart for at least one year in order to meet

the requirements of Va. Code Sec. 20-91.



Answer

No social events together; no meals together; separate quarters within the household; AND demonstrated intent that the separation be permanent, leading to a divorce (telling family & others, etc.)



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