My name is Stephen Johnson. I'm an associate attorney here at Holcomb Law. A common question we are asked by our clients is, "How do I file for legal separation in Virginia?" The answer is often surprising to our clients because there is no legal separation of Virginia, at least nothing formal that you file with the court. So if there is nothing filed with the court, how do you separate from your spouse in Virginia? Only one party has to decide that they want to separate from the other, typically stating to them that you no longer want to be married is enough to officially start the clock on the separation period. Another question we often get is, "Can we be separated and still live in the same house?" The answer to that question is yes. While the code of Virginia says that parties must live separate and apart for a certain period of time, that does not mean that both parties have to live in two physically different locations. While that may work for some couples, it does not work for everyone. If you are going to remain separated in the same home, it should be clear to anyone who knows you that you no longer act as a married couple within that home. All sexual activity should cease. You should consider sleeping in separate bedrooms, stop doing the other's laundry or cooking for them. Steps like these show an intent to be seen as living separate lives. Essentially, you and your spouse become roommates. However, certain responsibilities should be maintained. Continue to be responsible for your share of the marital bills, like utilities and the mortgage, until you and your spouse have had an opportunity to discuss how to wind up the joint aspects of your marriage....
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