Guide to Separation in Virginia. Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children.
What are the rules for separation in Virginia?
Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.
Does the state of Virginia recognize legal separation?
Unlike many other states, Virginia doesn’t have a formal status for legal separation in no-fault divorces. Therefore, the best way to establish a date of separation is to sign a separation agreement or property settlement agreement with your spouse.
How much does a separation agreement cost in Virginia?
Generally speaking, separation agreement retainers start at $2,500, and contested divorce retainers start at $5,000 or $7,500. A retainer fee is a sum of money that must be paid up front in order to open your case with the office.
When does a separation take place in Virginia?
“Separation” in Virginia, also known as “living apart,” occurs when a couple stops living together as husband and wife. When this happens, the couple is separated, even if they have not yet signed a Separation Agreement. Also, unlike many other states, Virginia courts do not grant “Legal Separations.”.
Can you be separated from your spouse in Virginia?
First, unlike some states, there is no such thing as a “legal separation” in Virginia. Under Virginia law, you are either married or divorced, so even though you may be separated from your spouse physically, you are still married in the eyes of the law.
Is it a crime to date while separated in Virginia?
It is not a crime to do so, and the court is not going to order you not to date. However, dating during your separation poses some potential risks. For one, you may be giving your spouse the ability to file for divorce on fault-based grounds. If you are having sex with your dating partner, you are committing adultery.
How long can a couple live apart in Virginia?
Physical separation is usually achieved by one party moving out of the marital residence. However, Virginia law does allow spouses to live separate and apart under the same roof for purposes of their six- or twelve-month separation period. There are very strict guidelines for this process.
