Go to navigation Go to content
Phone: (757) 425-5200
Hofheimer Family Law Firm

Can I Get Legally Separated in Virginia? (Part B)

Successful In-Home Separation

Ideally, you and your estranged spouse will be able to live in separate residences as you navigate your Virginia separation and eventual divorce. In the event that you cannot, you may have to cope with the challenges of an in-home separation.

Listed below are some tips about how to live separately when you must live under the same roof: 
  • There should be absolutely no sexual contact or romantic overtures
  • Keep separate bedrooms and beds
  • Be open with family and friends about the separation, and make it clear that although you currently live together, you intend to end your marriage
  • Treat this like a formal roommate situation; do not share food or shop for one another
  • Keep separate chores
  • Use separate phones
  • Do not socialize as a couple; this includes church, parties and social functions. This even includes your children's sporting events and parent-teacher conferences. You can both go, but you should arrive and leave separately, and do not sit together.  
  • Recruit a neutral, 3rd party to occasionally observe the two of you during your separation 
In the event that you and your spouse choose to seek a formal Virginia divorce at the end of your separation period, be aware that it can be very difficult to prove to a Virginia judge that you and your spouse were actually separated if you lived in the same house. Your Virginia divorce attorney can offer you personal advice on how to handle this complicated situation. 

Preparing For Your Virginia Separation

As you prepare for your Virginia separation, you will want to talk to your divorce attorney about key areas of concern, including:  
  • Child custody;
  • Child support;
  • Spousal support, or alimony; and
  • Division of assets and debts 
Your Virginia divorce attorney will discuss these topics with you as they relate to your situation and can guide you through what you need to do during your separation to ensure that the interests of both you and your children are protected. Your Virginia divorce attorney can also help you to establish a Virginia separation agreement, which will clearly spell out such issues as property division, child care issues, spousal support and how to handle joint expenses.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for separation or divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation - (757) 425-5200.

Charles Hofheimer
A tough, no nonsense divorce and custody lawyer for women only.