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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I heard there was a new law in effect as of july 1st that u

Customer Question

I heard there was a new law in effect as of july 1st that u cant co-exist or what have u if u are going thru a divorce ? u used to be able to live in same house while going thru everything in Va.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: virginia
JA: Have you talked to a lawyer yet?
Customer: my friend did , I am getting ready to deal with it
JA: Anything else you want the lawyer to know before I connect you?
Customer: how does it work if my wife has a daughter that's not mine, that stays here half the time.?? I have not adopted her, etc....
Submitted: 10 months ago.
Category: Family Law
Expert:  Brandon M. replied 10 months ago.

Good day, my name is Brandon. I'm glad to offer my assistance.

Expert:  Brandon M. replied 10 months ago.

There's a lot of confusing information out there, but I think that I can put your mind at ease:

Customer: replied 10 months ago.
no on here is good, she's in here so I don't wanna be talking about it on phone
Customer: replied 10 months ago.
I was told in Va. that after july 1st, u cannot co-habitate in the same house anymore while being separated or going thru a divorce process.
Expert:  Brandon M. replied 10 months ago.

It's true that, under Virginia law, it use to be criminally illegal to cohabitate in an unmarried sexual relationship. However, that law hadn't been enforced for decades and was officially taken off the books on July 1, 2013. It also use to be that a spouse could sue if someone else had sexual relations with their spouse while still married, but has also changed. It is not illegal to cohabitate in Virginia with someone who is not your spouse, even if you're technically still married.

Expert:  Brandon M. replied 10 months ago.

There may be other reasons why it is prohibited for any given case... for example, there may be a court order related to possession and occupation of the home. But it's generally not a problem. In fact, it's fairly common.

Expert:  Brandon M. replied 10 months ago.

Does that make sense and have I answered your question to your satisfaction?

Customer: replied 10 months ago.
kinda, not positive. that helped some. can i co=habitate with my soon to be ex-wife while going thru divorce. ?? I was told today that we cannot , that someone has to go , and that's when the time starts to being apart for 6months or 1 year if u have children, technically , I do not have any children
Expert:  Brandon M. replied 10 months ago.

I think that I understand your question -- are you asking whether cohabitation with a spouse during the divorce will interfere with the divorce proceedings?

Customer: replied 10 months ago.
that's what I'm asking ?
Expert:  Brandon M. replied 10 months ago.

The answer to that question is "it depends". In Virginia, there are different types of divorce. One of those types is "no fault" divorce. In a "no fault" divorce, the marriage is deemed to have broken down simply because of irreconcilable differences. For a "no fault" divorce, the parties generally need to be separated for one year. However, if the parties have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period can be reduced from one year to six months...

Expert:  Brandon M. replied 10 months ago.

Do you know for what type of divorce you filed?

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