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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption