Summary
The court considered whether the parties had lived separate and apart without cohabitation for purposes of obtaining a divorce under Virginia Code § 20-91. Despite separate bedrooms and periods of living elsewhere, the court found that the parties' shared residence, meals, finances, household access, and family interactions constituted cohabitation and dismissed the bill of complaint.
Topics
Practice areas
Questions Presented
- Whether the parties lived separate and apart without cohabitation from January 2000 as contemplated by Virginia's divorce statutes.
- Whether the parties' living arrangement in the marital residence constituted cohabitation despite separate bedrooms and the absence of sexual relations.
Holdings
- The parties did not live separate and apart without cohabitation from January 2000 as required by Virginia Code § 20-91.
Key quotations
“Upon the facts presented in this case, the Court finds that the parties have not lived separate and apart, without cohabitation, since January 2000, as contemplated by § 20-91, Code of Virginia (1950), as amended.” (476)
Factual background
The parties began sleeping in separate bedrooms in January 2000, and the husband moved to an apartment in March 2000. He returned to the marital residence in October 2000 under a written rental arrangement, occupying the master bedroom, bathroom, and basement, while continuing to share some meals and communicate with his wife about family matters. The parties continued to provide financial, household, and family support to one another, and the husband had substantial access to the marital home until he moved out again in December 2001. The husband believed they were living separate and apart, while the wife believed they were attempting to reconcile.
Procedural history
This was a divorce proceeding in the Virginia Circuit Court. After considering conflicting ore tenus evidence concerning the parties' living arrangements, the court found that the statutory separation requirement had not been satisfied and dismissed the complaint.