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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.
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How to Separate While Living in the Same House
Virginia is an equitable distribution state, which means if the spouses don't agree, the marital estate will be divided fairly but not necessarily equally. In dividing property the court considers the contributions, both "monetary and non-monetary," of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the "character of all marital property," and "other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award."
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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