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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.
Separate property is: 1) all property, real and personal, acquired by either party before the marriage; 2) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; 3) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and 4) that part of any property classified as separate property.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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