Reply to Divorce - where to start (Virginia)

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Separation means not living like a married couple. This is best done by one of you moving out. That's the date your separation starts. There is nothing to file right now unless you need a support order and custody agreement in place during your separation. Consult an attorney for advice on your particular situation. You have a lot to lose if you make the wrong decisions going forward. [/quote]

The first sentence in the above is correct. The second is not. Separation starts from the last time you shared a bed. You can sleep on the couch for a year and be separated. My ex husband filed an affidavit stating we hadn't slept together in a year (forget the legal term for this!) and voila, that was the date of separation.

Talk to the Women's Center or a private attorney. There are a lot of state laws and rules that any family law attorney will know. There's a formula to determine child support, for example.

Good luck OP.[/quote]

You're technically wrong, although some judges will look the other way. It's not enough to not have sex, you have to be truly living separately. You can do that under the same roof, but you have to also not share meals, resources, etc.[/quote]

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