“Partial” Divorce in Virginia: “Bed and Board”

“birds on a vane” by author

In a previous post, I wrote that there is no such status as “legally separated” in Virginia.  While this is true, you need to know that there is an intermediate status known as divorce a mensa et thoro, or “divorce from bed and board.”

There are two grounds for divorce from bed and board: cruelty and reasonable apprehension of bodily hurt, or willful desertion or abandonment.  The effect of such a decree is separation of spouses and their respective property, but unlike absolute divorce neither party is allowed to remarry (Va. Code § 20-116). 

The parties may seek an absolute divorce one year after date of separation.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

Presentation: Uncontested Divorce in Virginia

This presentation is a brief overview of how to proceed with an uncontested divorce in Virginia.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

From the Client Files: Separate and Not Apart

“fairy castle” by Author

The Code of Virginia is very plain about the basic requirements for an uncontested divorce:

On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year.  Va. Code § 20-91(A)(9)(a).

With the onset of the Great Recession and economic sluggishness still lingering thereafter, many divorcing couples are finding it difficult, if not impossible, to find and finance separate living arrangements during the one year time period.  So it is important to know that it is still possible to get a divorce even if both parties live under the same roof.

First, it would be helpful to sign some kind of mutual separation agreement which specifically delineates how the parties will maintain separate lives while sharing a roof.  But even if the parties do not create such an agreement, there are a number of things that they can do to show the court that they have the intention to divorce:

• Hold yourselves as separated to all of your friends, relatives, co-workers, etc.
• Maintain separate and distinct living spaces in the house.
• Do not pay for the other’s necessities, including food, clothing.
• Have absolutely no sexual relations with each other.
• Do not attend religious services or social functions together.
• Prepare and eat meals separately.
• Keep separate finances, including (but not limited to) savings, checking and retirement accounts.
• Do not share household chores — i.e., clean up after yourself only.
• Show evidence that it would be financially difficult or onerous to pay for separate living arrangements.
• Have a someone check in from time to time to corroborate separate living arrangements.

While it is more difficult to get a divorce under these arrangements, it is not impossible.  Just plan ahead, be ready to thoroughly explain your situation to the court and a have corroborating witness who will back up your claims.

Family Law News article with case law.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

“Legally” Separated?

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I came across a question on the Q&A site Avvo.com asking if there was such a thing as “legal” separation in Virginia.

If you watch enough television, you’ll find the term “separated” casually thrown around as a prelude to divorce, which might make one believe that it is some kind of legal term or procedure. While it is true that Virginia divorce law includes the term “separate and apart” in § 20-91, there is no such thing as a state of “legal separation.” If you are seeking a divorce, there is no need to sign anything memorializing the separation from your spouse. Just remember that you need to stay “separate and apart” for the prescribed time.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

Separation Anxiety: Preparing for Divorce

"more terns of endearment" by author

Getting a no-fault (uncontested) divorce sounds simple, but in practice it is not an easy undertaking.  Besides likely already being in a fragile emotional state, there are conditions to be met and preparations to be made.

The first set of basic requirements are time and space.  In DC, you need to be living separate and apart from your spouse for at least one year prior to filing your divorce complaint (papers).  Virginia’s time is one year if you have children from the marriage, but only six months if you don’t have kids.  “Separate and apart” means just that — you are not living together as husband and wife — which means (but is not limited to) having separate living arrangements, not going out together for social engagements or worship services, paying separately for expenses and meals,  and (possibly most importantly) having absolutely no sexual relations.  This condition must be corroborated in court through testimony of a witness, who can ideally be a friend who has seen your lives evolve after the initial separation.

Also noteworthy is that in Virginia it is possible to live separate and apart in the marital home, though it is difficult to prove in court proceedings and requires much time, preparation, and cooperation between the parties.

The other main element is the property and settlement agreement (PSA).  If you have any marital property, it should be divided, set in writing, and absolutely agreed to before filing anything with the court.  Oral agreements are not enough — the court will incorporate the PSA into the final divorce decree at the end of the process, so be sure it’s accurate and complete.

Preparing for divorce requires patience and diligence, either of which may be in short supply as emotions run high. While it may seem daunting at the beginning, it is important to follow through all the requirements to the letter, otherwise you risk running into unnecessary delays and undue emotional hardship.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.