We've been married 5 years. I am 64 on disability which will be social security when I turn 65 in September. We live at the same residence but not as husband and wife for four years. How do I get a divorce if I can't afford to get out of his house. My name is not on it although he bought it for us when we got married
It is possible to get a divorce based on a one-year separation while still living in the same premises, but the key is to have a very good witness who can attest to the living situation. In all divorces in Virginia you are required to have a corroborating witness who can verify the grounds for divorce. If you are still living in the same house, the witness must have personal first-hand knowledge of your day-to-day living arrangement. Because the judges want to make sure you are not colluding to bypass the one-year separation requirement, they will often require that this witness be someone who lives in the house with you, such as a tenant, nanny, adult child, or other family member. If you don't have someone like that, then you should have a friend or neighbor come over frequently and make them aware of the situation. Perhaps that would be enough, if they are very convincing, but they need to be able to observe this situation for a full year. Keep in mind that legal separation means more than just not sleeping in the same bed together. You also can't do the other daily activities that constitute a marriage, such as cooking and cleaning for each other, sharing finances, etc. This is not to say that you cannot be friends or cordial to each other or even share a meal together, but you should try to separate these things out as much as possible. And make sure your witness sees it.
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