Judge’s View Of In-Home Separation (Part B)

Divorcing couples who choose an in-home separation in Virginia should be aware of how strict and difficult the rules for such an arrangement can be.

While in-home separation is technically acceptable in some circumstances under Virginia divorce law, it is generally not recommended.

Challenges of an In-Home Separation in Virginia

For example, under the rules of Virginia in-home separation, the parties must:

keep separate bank accounts;
shop for food separately;
eat meals separately; and
live as though they are no longer a married couple.

In addition, the parties need to prove to a Virginia court that their in-home separation is genuine and valid. Sometimes, this requires them to invite a third party to occasionally visit their home to confirm that they are following the guidelines of in-home separation.

These regulations can be inconvenient from a practical standpoint alone, and can also bring up a variety of emotional responses from both the divorcing couple and their children.

The separated couple may find it difficult to avoid conflict and confrontation while living in the same home, which can lead to unnecessary stress and behavior that could possibly complicate the divorce.

In some instances, the parties might be tempted to become sexually involved with one other again. This is against the rules in a Virginia in-home separation and it also complicates the relationship and impending divorce.

Children also might be negatively affected by in-home separation. They are unlikely to understand the new arrangements and may be upset by things like their parents' inability to go to family outings or events together.

Even if you have followed the guidelines for Virginia in-home separation to the best of your ability, a Virginia judge may not accept your in-home separation. The judge does not live in your home with you, and he or she may feel that there isn't enough evidence that you were actually following the rules of the arrangement.

Judges know that is incredibly difficult for two people who were once a couple to begin living as virtual strangers under the same roof. Because of this, judges often frown on in-home separation in Virginia.

Contacting a Virginia Divorce Lawyer

Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserving your seat at our monthly divorce seminar - 757-425-5200.

The Virginia divorce attorneys at Hofheimer/Ferrebee are well-versed in in-home separation in Virginia and are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.

To order your free book-www.freedivorcebook.com
information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com