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How to Separate While Living in the Same House
With the economy in the "you-know-what" and the real estate market continuing to circle the drain, it has become more and more common for husband and wife to continue to have to live together even though they don't want to be husband and wife anymore. So how do they ever get divorced if Virginia law requires a separation of at least six months, and if you have children, twelve months?
The Courts have begun to realize that you can live "separate and apart" while living under the same roof if certain conditions can be met. Some steps to take to satisfy the Court:
If you follow these steps you should be able to prove separation.
One of the parties must be a resident and domiciliary of Virginia for at least six months preceding the filing for divorce. If the courts finds that they do not have jurisdiction over the case, they may eventually dismiss it.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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