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In Virginia, spouses who wish to file for divorce are often required to prove that they have lived separate and apart for a period of time--usually 1 year, though it may be 6 months (if the parties have no children and executed a separation agreement).

Often, "separate and apart" means separate residences. But not always. Under Virginia law, spouses can live separately under the same roof.

In Bchara v. Bchara (2002), the parties were deemed to have been living separate and apart despite residing in the same home. They stopped attending church together; moved their belongings into separate rooms; slept in separate rooms; ceased intimacy; Wife stopped depositing funds into the joint bank account; and a friend of Wife's visited the home regularly, and was able to corroborate the circumstances. While the Court's decision was based on these unique factual circumstances, the decision provides some good guideposts to follow.

As we discussed in a recent post regarding Coronavirus FAQs, access to our court system remains limited. For those who are encountering significant issues pertaining to separation and divorce, alternative dispute resolutions should garner more attention.

Perhaps the most common alternative dispute resolution option in Virginia divorce cases is a Separation Agreement (aka Property Settlement Agreement or "PSA"). In light of the current social-distancing requirements, a Separation Agreement may also be the most viable option.

As Coronavirus (COVID-19) continues to spread, the largest stimulus package in our nation’s history is aimed at minimizing the inevitable economic crisis.

As you have heard and read, a significant slice of CARES carves out billions in direct-pay stimulus funds (“recovery rebates”) for Americans who meet certain income qualifications.  While this is certainly welcome news for many, we have encountered a number of concerns about how the funds will be distributed and divided between persons who are married, but living separate and apart. Again, we are in uncharted territory.

Please note that this post is not intended to offer specific legal or tax advice and we recommend that you speak with the appropriate professional to determine your rights and options incident to CARES.

On July 1, Virginia's law regarding spousal support modification is going to change in a big way.  The legislature has enacted an amendment to the existing law which will increase the potential for spousal support to be modified or terminated when a person reaches their full retirement age.

According to various sources, it appears that the divorce rate among older couples has been dramatically increasing in recent years--this has been referred to as the “gray divorce revolution". This trend has presumably paved the way for legislative changes which take into account specific needs unique to older couples. The law governing spousal support modification is set forth in Va. Code §20-109.  For support obligations that are deemed to be modifiable, a party seeking to amend or terminate their spousal support payment generally needs to prove a "material change in circumstances". 

In Virginia, the division of assets and debts is often a major point of concern for individuals seeking a divorce.  Generally speaking, divorcing parties will divide "marital" assets and debts. If the parties are unable to reach an agreement, they will have a Virginia Circuit Court Judge determine how to divide the marital assets and debts. Because court-division is timely and expensive, many people resolve these issues by agreement.  However, it is critical that you understand what assets/debts are "marital" and subject to division; individuals often fail to recognize what property is subject to being divided, potentially resulting in them reaching an agreement to waive property rights worth thousands of dollars! The difference between "marital" and "separate" assets is described in Virginia Code Section 20-107.3; it may seem simple based on the plain language of the statute, but there are several common misconceptions.  Here are some true/false inquiries to highlight the misconceptions:

Ah, the ultimate question in your divorce case: Should I settle, or should I go to trial? The answer to this question depends on the facts and circumstances.  Every situation is unique and various issues need to be considered when deciding how you should handle your divorce.  While you should speak with an experienced divorce and family law attorney for specific advice about your case, here are a few things that you should think about:

Let us face facts: Divorce is an emotional roller-coaster on a good day.  For most people, going through a separation and a divorce is nothing short of traumatic, even if the divorce is uncontested. Inevitably, you will be required to make decisions along the way that impact you and your family; some decisions will be minor, and others will not.  

If you have decided to "take matters into your own hands," we urge you to reconsider. The divorce process in Virginia is complicated and confusing.  There are legal issues at every turn, and you may not be fully equipped to address these issues.  It is important that you consult with an experienced Virginia divorce lawyer before diving, head-first into the world of family law.