A Virginia divorce can be a significant upheaval in a person’s life. As they prepare to move forward, they are frequently unsure of minor obstacles that can arise in the process. While they understandably focus on their finances, children and how to address complex challenges, other factors can get lost in the shuffle. A common concern is whether one person should move out of the marital home prior to the divorce. Knowing how the law addresses this issue is key as it can have a profound impact on the case.
Living apart can be a crucial aspect of a divorce
If the couple is seeking a no-fault divorce, then the law says that they must live separately before it can be granted. Specifically, the law says the couple needs to live “separate and apart.” They cannot cohabitate at all. The duration varies on the circumstances. Couples who do not have children can get divorced after living apart for six months. Those with minor children must live separately for at least one year.
This can lead to unexpected complications. Some couples are on relatively amicable terms even though they are getting a divorce and can live in the same home even if the marriage is coming to an end. The court could allow the couple to get a divorce if they have lived under the same roof.
For this to be accepted, the parties must show that they were separated despite living in the same home. They will not put forth the impression – at home or in public – that they are married. That means they do not share a bedroom and essentially live separate lives. They must specify when the separation began.
The situation dictates whether a couple needs to live apart
While living apart for either six months or a year will make it easier to get a no-fault divorce, the divorce can be granted even if they sides did not adhere to it. When getting divorced, it is imperative to understand the myriad factors – large and small – that could be relevant to the case. Having assistance can protect a person’s interests and help them achieve their goal of ending the marriage and moving on.