Does Virginia Require Separation Before Filing For Divorce?

In Virginia, spouses who want to dissolve their marriage should first separate and declare one’s intention to break up. For divorce reasons, “separation” implies that the pair have lived separately and apart through at least one year, all without cohabitation or interference.

The state does not give an official status for “legal separation” in no-fault divorces. Nevertheless, you must be physically separated for a minimum period to file for divorce.

Furthermore, at least one partner must assert their intention to divorce and submit a petition. For example, you and your partner decide to live apart but you still have hopes of patching things up.

The court will only begin the clock on your divorce if at least one of you has finally agreed that reconciliation is not plausible and your marriage has ended.

Both partners signing a separation agreement, which you can deliver to the judge once you submit a divorce petition afterward, is the most effective means of demonstrating your separation period.

Is Separation A Requirement For Divorce?

If you were married and had no children from your marital relationship, you should have separated from your spouse for no less than six months. You must also have a documented estate settlement agreement to file for divorce.

If you have children from your marriage, you must be separated for at least one year until you submit a divorce petition. If you seek an uncontested divorce in Virginia, you should satisfy this separation requisite.

However, submitting for a no-fault divorce does not always guarantee that no one will not challenge your divorce application in court.

Virginia law permits a “divorce from bed and board” method analogous to a legal separation. A divorce from bed and board is a partial or eligible divorce in which the individuals have legally separated but are not authorized to remarry.

This legal procedure is unnecessary to fulfill the divorce process’s separation criterion. A spouse may opt for this option to obtain a judge’s order on matters like child aid or who will live in the marital home.

Once a petition from bed and board is approved, the spouses are legally separated but cannot remarry. If the judge grants a divorce from marriage, it is final and definite.

After at least one year since the date of separation, either side may request the court to “merge” the mandate into a divorce out from ties of civil marriage.

In-Home Separation

Physical separation is primarily done by one party leaving the family property. Consequently, for their six- or twelve-month separation duration, Virginia law permits partners to continue living separately under one roof. This procedure follows very stringent criteria. The criteria are as follows:

• Both entities should know that the other partner intends to dissolve the marriage and that they must also maintain such intent during separation.

It is ideal for keeping this in the record by indicating in writing your actual intent to dissolve the relationship irrevocably (as of a specific date).

• The spouses should not engage in intimate relations. They should also sleep, store their possessions in different spaces, and use separate restrooms.

• They must stop presenting themselves as a husband and wife within and beyond their home and quit wearing their wedding bands.

• Both parties should inform their loved ones of their separation.

• One of the spouses needs to have a verifiable witness enter the residential address routinely, observe the parties’ separation, and be prepared to testify to such evidence under oath.

• Each partner must stop performing the other partner’s food shopping, preparing meals, laundry, and housework.

• The spouses should no longer participate in festivities, social engagements, or getaways.

• They should forego giving presents on special occasions such as birthdays, celebrations, and holidays.

• Both parties should open separate financial accounts.

These guidelines aim to guarantee that the parties no longer benefit or contribute from residing with their spouse. In all likelihood, the entities should consider one another like housemates instead of partners.

Summary

Married people in Virginia who want to dissolve their marriage should first detach and show their commitment to divorce. For divorce reasons, “separation” implies that the pair has lived in different households for at least a year without cohabitation or interference.

In addition, at least one partner must assert their actual intent to divorce and submit a divorce petition. If a couple is not the parents of dependent children and has been separated for at least six months, they can lawfully seek a divorce after six months.

If the pair has minor children, they should wait a minimum of one year and then request a divorce.

While having a lawyer is unnecessary, you will also be subject to an attorney’s exact requirements, guidelines, and practices. You are unlikely to be offered any special treatment or advice in the courthouse.

The court also expects you to be acquainted with all relevant statutory provisions and legal precedents, evidence standards, as well as the standards of the specific court.

It would help if you worked with a family lawyer to assist you throughout the divorce proceedings to get the most favorable result. The Irving Law Firm can provide legal guidance and support in this critical time.

Learn More Reading The Next Article: Who Can Qualify For A Divorce Petition In Virginia?