How to File for Separation

In Virginia, when a couple stops living together as husband and wife, they are considered to be living apart. Couples who are living apart usually want to know how to file for separation in Virginia. Separated couples should be aware that Virginia courts do not grant legal separations. The Virginia Circuit Court will grant something similar to a legal separation called a Bed and Board Divorce, which is used by couples that have religious objections to divorce, but want to be separated. The court will also grant orders determining who will get the use of the family home and child and spousal support orders.

You and your spouse can enter into a separation agreement, which is also referred to as a property settlement agreement, settling issues such as property division and child and spousal support and child visitation. Separate property does not get included in the separation agreement. Separate property consists of the following:

All property previously owned prior to the marriage
Any property acquired during marriage by gift, bequest, devise, or descent
Rents and profits from property individually owned by one spouse
After separation, all earnings of each party

If you and your spouse reconcile, then the separation agreement is void. You cannot use it for grounds for a Virginia no fault divorce. It’s a good idea to speak to a Virginia family law attorney to find out your legal rights regarding separation and Virginia divorce.

No Fault Grounds for Divorce

Once you and your spouse have been living apart for one year, or six months if you have children, you can then file for a no fault Virginia divorce if you have agreed to a separation agreement, and you meet the residency requirements. Your agreement can state that the divorce is on no fault grounds. Either you or your spouse or both of you must be a resident of the state for at least 6 months prior to filing your divorce petition. You will probably not have to go to court. You and one witness just need to testify in a deposition the grounds for your no fault divorce. The testimony is given to the judge to review, together with the separation agreement. The separation agreement is binding, except that spousal and child support, child visitation and child custody issues can be changed at the request of either parent. The judge can make the separation agreement a part of your final divorce decree. Once the judge signs the decree, you are divorced. A Virginia no fault uncontested divorce proceeding takes about 3 or 4 months depending on the court docket and how many other cases they have to hear.

Speak with an Attorney

Before you decide to separate, you should speak with a Virginia family law attorney. It is recommended that you have an attorney prepare your separation agreement. The family law attorney is an expert in Virginia divorce and family laws, and can explain them to you and represent you in court.

Thinking About Divorce?