Can you get a divorce even if you still live together?

Aug 8, 2012 by

Question: 

Can you get a divorce even if you still live together? We don’t sleep together.We have not slept together in about 8 years.

State: 
Virginia

Answer: 

Virginia does not have a specific “legal separation” which has to be authorized by a court or government office. In order to be considered “separated” to obtain a divorce, both spouses cannot be living together as husband and wife. Since you and your spouse are living together ““ but not as husband and wife ““ the situation could be tricky if you want the court to rule on it. If you and your spouse totally agree the fact that you have been NOT living as husband and wife, and you can get one person to act as a witness to that fact, you stand a pretty good chance of establishing at least one year of separation, which is necessary to establish grounds for a divorce in Virginia. After one year of separation either party can ask the court to grant a final divorce decree.

-The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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