One of the highest hurdles to clear in seeking an uncontested divorce is the fact that the parties are required to live separate and apart, continuously and without interruption for six (no children, with property settlement agreement) to twelve months before they can file for divorce.  While many potential ex-spouses would love to move out as soon as possible, sometimes the economic reality is that neither party can afford to move out on their own and there are no close family or friends where they can set up camp for a few months.  In recent years, the Virginia Supreme Court, has thankfully addressed this problem and has approved some divorces on the grounds of living separate and apart while the parties still lived under the same roof. 

            For these divorces to be successful, the evidence must show that for all intents and purposes they co-existed as nothing more than roommates.  They were not sexually intimate; they didn’t eat each other’s food; they did not cook together; they did not clean up after each other; they don’t buy each other gifts; and they let everyone know that they are separated.  If you think you want to proceed on this basis, by all means spend an hour with a local divorce attorney that can guide you through the process.  An ounce of prevention is a worth a pound of cure.