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

If you're a Virginia woman considering divorce, you have options. Virginia divorce law allows for various ways to divide property, manage child custody and visitation, and even provides an alternative to traditional separation.

In some cases, Virginia requires couples who want to end their marriage to be separated for 6 months to 1 year before getting a divorce.

Separation is intended to be carried out in the traditional manner, in which the two parties live in separate homes. There are some cases, however, where a divorcing couple can choose in-home separation in Virginia.

What is In-Home Separation?

In an in-home separation in Virginia, the parties live under the same roof, but follow a strict set of rules that ensure that their lives are kept separate physically, financially, and socially.

Virginia in-home separation can be a possible alternative for couples who want to get divorced but who cannot at that particular time handle the financial burden of paying two separate rents or mortgages.

In some cases, you may be reluctant to move into separate homes because of your children. You know that the impending divorce will cause upheaval in the family, and you want to keep your children in the same home, school and neighborhood for as long as you can.

The State's View of an In-Home Separation in Virginia

Whatever the reason a couple is considering in-home separation, it needs to be made clear that this arrangement is neither easy nor looked upon favorably by Virginia courts.

The state would much rather a couple undertake a traditional, separate-location separation because it is straightforward, easy to establish, and accomplishes the goals of Virginia's required separation period in a more effective way than in-home separation.

That's not to say that in-home separation is never recommended. There are certain cases where it would be allowable and might even be the best thing for the parties involved.

Each case is unique. If you're getting divorced and considering the possibility of an in-home separation in Virginia, you should speak with a Virginia divorce attorney as soon as possible.

Your attorney will help you understand your options and will discuss with you the pros and cons of each possible scenario.

Make sure you educate yourself about the realities of in-home separation before you choose to take that route.

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