Surviving Virginia Separation under the Same Roof

Posted on Oct 24, 2011 by Hofheimer Family Law

Can you be separated and live in the same house? This question is sometimes asked by couples who are divorcing. Normally, you and your spouse should be living apart when separated, but in some cases there may be exceptions that allow you to pursue Virginia separation under the same roof.

Couples may choose to live together during separation for several reasons, financial reasons being the most common. While separation under the same roof may seem more convenient than supporting separate households, couples should be aware of the realities of this arrangement.

Judges generally disapprove
of a couple cohabiting during separation, simply because it’s so difficult to prove that they’re actually separated, which is why very detailed guidelines are set such as some of the following:

  • keep separate checking accounts;
  • try their best to maintain separate living spaces within the same house;
  • prepare and eat meals separately;
  • cease presenting themselves as a couple;
  • explain, in writing, why they chose to have VA separation under the same roof; and
  • have a 3rd party observe them at home to see that they’re not living as a couple.

So, if you’re asking the question “Can you be separated and live under the same roof?” the answer is technically yes, but with many stipulations. Speak with your divorce attorney about your separation options.

Contacting a Virginia Divorce Attorney

At this vulnerable time, it’s critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life. You can learn more by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.