So you are thinking about getting a divorce in Virginia. For a no-fault divorce, you need to be either living separate and apart for one year or living separate and apart for six months with a separation agreement in place and no minor children. This may sound like a difficult goal to achieve. You both need a place to live, and it might be hard to separate when you are still legally tied together. This is where in-home separation can come into play. What is in-home separation in Virginia? AC Rieman Law can help you with that answer.
How Can You Be Separate and Apart in the Same Home?
Though the easy way to live separate and apart is to move into separate homes. However, it is possible to have an in-home separation, and this has been upheld by the Virginia Court of Appeals.
In order to have an in-home separation, you should be sleeping in separate rooms, not attending events or gatherings together, and no longer contributing to joint accounts. It’s also helpful to have routine visits by corroborating witnesses that can attest that though you are living under one roof, you are no longer living as a married couple. Both spouses must be aware that at least one spouse wants to end the marriage. Basically, instead of a couple, you should act as two people that reluctantly share a house.
How Do You Move Out Before Divorce?
The easiest way to move out is for one of you to move in with a friend or family member. This is especially smart if you own a house and it is uncertain who will get the house after the divorce is finalized. You don’t want to be under a lease agreement if there’s a chance you may end up with a house when the marriage is officially over. Additionally, if you already own more than one poverty, consider moving into another one of your homes. If you need to find a place, you can also try rentals that will let you pay month-to-month.
Difference Between Separate and Apart and Desertion
You may have heard of desertion as grounds for a fault-based divorce. This is true, and you don’t want to inadvertently end up on the wrong side of that, but in reality, that’s pretty hard to do on accident.
Desertion occurs when one spouse leaves with the intention that the separation will be permanent—so not a brief trip to Hawaii—and the spouse who is left gave no cause for the leaving spouse to leave and did not agree to it. If you are concerned that your leaving may constitute desertion, then you should seek legal counsel BEFORE you separate. AC Rieman can help in Northern Virginia and Central Virginia.
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