In Virginia, the Courts typically will typically rely on the testimony of a witness who knows the couple and has personal knowledge of the fact that the two have lived separate and apart. Ultimately, you will have difficulty proving that there was no cohabitation if you are not able to establish that you had two separate addresses. In fact, it is near impossible. As a practical matter, it is easier to prove there was no cohabitation if you establish two separate residences for a year and have a witness who can testify to that. But seek the advice of counsel for more specific guidance on your situation.
Answered on Oct 25th, 2011 at 5:44 PM