If in a no fault divorce it says something about cohabitation, doesthat mean just living together or does it also include sex?

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If in a no fault divorce it says something about cohabitation, doesthat mean just living together or does it also include sex?

My wife and I are getting a no fault divorce. We have lived separate for 3 years now but have since attempted to reconcile. But a few months ago it was evident that we weren’t going to ever get back together. We have had sex up until that decision was made but not since. So I was wondering, does cohabitation for the puposes of a separation mean sharing a residence and a physical address only or does it also apply to having sex? In VA.

Asked on December 27, 2011 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Co- means "together," and "habitation" refers to living. "Cohabitation" would therefore, as a general matter, mean living together, not having sex or intimate relations while not living together. (The law generally uses the plain or common meanings or words.) However, that again is as a general matter; for an analysis of what this means for you in your specific situation, it would be best to consult with a family law attorney.


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