Carter v. Carter

By Judge Randall G. Johnson

At issue in this divorce case is whether the parties, though living in the same house for a portion of what is claimed to be a one-year separation, were at that time living “separate and apart without any cohabitation and without interruption” within the meaning of Va. Code § 20-91(9)(a). After reviewing depositions taken on June 26,1995, the court informed counsel by letter that the evidence was not sufficient to justify the entry of a final decree. Counsel, however, were invited to schedule an ore terns hearing if they wanted to present further evidence, and an…