Can you get a divorce even if you still live together?

Virginia does not have a specific "legal separation" which has to be authorized by a court or government office. In order to be considered "separated" to obtain a divorce, both spouses cannot be living together as husband and wife. Since you and your spouse are living together – but not as husband and wife – the situation could be tricky if you want the court to rule on it. If you and your spouse totally agree the fact that you have been NOT living as husband and wife, and you can get one person to act as a witness to that fact, you stand a pretty good chance of establishing at least one year of separation, which is necessary to establish grounds for a divorce in Virginia. After one year of separation either party can ask the court to grant a final divorce decree.

-The Divorce.com Team

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