can spouses divorce each other while continuing to live in the same home

Need to obtain a divorce but I was told my
spouse had to move out before I could file

Asked on March 26, 2016 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes. In VA, in order to obtain a no-fault divorce, you and your spouse must live apart without interruption (no periods of living together) for at least 1 year. If you have no minor children and you enter into a valid separation agreement, you will only have to live apart for 6 months.
You can also file on grounds of fault, which include:

adultery or other sexual acts outside the marriage;
willful desertion or abandonment;
reasonable fear of bodily harm; or
felony conviction with a sentence of at least 1 year and some period of actual imprisonment.

Each ground requires specific proof and some defenses are available. That having beens said, there may be some cases in which the proof of fault can effect the division of marital property or alimony award.
At this point, you should consult directly with a local divorce attorney; they can best advise you further.


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