SEPARATION WITHOUT COHABITATION
If your spouse wants a separation and you do
not, it is still possible to file under this ground, but the wait is longer.
Virginia requires two years of living apart. Whether the separation is
voluntary or not so voluntary, it has to be continuous. This does not mean that
you and your spouse can't meet for lunch or dinner on occasion, but it does
mean that you cannot have sexual relations with each other. If a candlelight
dinner intended to discuss your children's report cards ends up kindling your
sexual desire for each other, and you follow your passions into bed, then your
waiting period has to start all over again. It will begin the day after your
bedroom encounter even if you've been on good behavior for 11 � months. Sex
between you and your spouse is strictly forbidden during your waiting period.
Sex with others can be a problem, too; the grounds for your divorce could
change.
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