Divorce is usually a multi-stage process in which the couple separates emotionally, physically or both over a period of time. Some states allow an option of legal separation. In a legal separation, the parties live separate lives under a specific set of state laws that dictate their rights and responsibilities.
The state of Virginia does not give couples the option of legal separation, instead it recognizes something called "voluntary separation." Voluntary separation is similar to legal separation in many ways.
In a Virginia voluntary separation, the parties live in separate residences for a certain period of time. In order for the Virginia separation to end in divorce, the parties have to prove that they have lived apart for a period of 6 months to 1 year, depending on the circumstances of their divorce.
Virginia also gives the option of in-home separation. In an in-home separation, the parties live under the same roof but keep their lives separate. Most Virginia judges don't look favorably on the idea of in-home separation.
The rules of an in-home separation are very strict. It is difficult for most couples to follow these rules, and even harder for them to prove to a Virginia court that they are doing so.
Why In-Home Separation?
Some Virginia couples find the separation period to be difficult, not just emotionally, but financially. In today's challenging economic climate, not everyone can afford to handle the expense of maintaining two separate households.
Also, some couples choose in-home separation for the sake of their children. An in-home separation allows both parents to remain in the home with their children, rather than having to divide the family sooner than necessary.
Some aspects of in-home separation are usually already at play in troubled marriages. The couple has often separated emotionally, physical intimacy has fizzled, and each spouse keeps to their own spaces in the home.
You should discuss the possibility of an in-home separation with your Virginia divorce attorney. Your attorney will help you decide whether an in-home separation would be advisable and/or achievable in your case.
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Charles R. Hofheimer View lawyer's profile |
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