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Fate2b
recently joined

Reged: 05/15/11
Posts: 6

Same residency during divorce?

#749371 - 05/29/11 11:53 AM

We want a divorce but financially can not afford to live seperately...my husband isn't working. Is it possible to live in the same household in seperate bedrooms before getting the divorce finalized? We live in Va.

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CAFamilyLaw44
recently joined

Reged: 03/15/11
Posts: 18

Re: Same residency during divorce?

[Re: Fate2b]
#749637 - 06/01/11 06:05 PM

Hi,

As long as there is no law in your state that dictates a divorcing couple must first live in two different residencies for a period of time before filing for divorce, then both of you still being at the same address should pose no problem when obtaining your marital dissolution.

I hope this helps, and best of luck in your situation.

CAFamilyLaw44
[censored].prepyourdivorce.com

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BeachBabeRN
Carpal \'Tunnel

Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!

Re: Same residency during divorce?

[Re: CAFamilyLaw44]
#750120 - 06/06/11 08:05 AM

***On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.****

Virginia Code, Section 20-91

You are required to live separate and apart by law, however, if both parties completely agree that they do want a divorce, no one from the court is going to physically check whether you are, in fact, not living in the same residence.

The sticking point here is that if one person decides to advise the court that you are living in the same household, your separation date cannot be earlier than the actual date that you/your spouse moved OUT of the marital residence.

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