QUESTION

How will the court determine that two people have lived separately for the required separation period in a Virginia divorce case?

Asked on Sep 09th, 2011 on Divorce - Virginia
More details to this question:
Due to financial considerations both people must live at the same address with each spouse having a separate bedroom, have limited contact in shared spaces (kitchen) and have NO cohabitation.
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1 ANSWER

Majessire Smith
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

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