Divorce law in Virginia is actually one of those complex areas of VA code that is very state-specific. Consequently, it is tough to know when you move from one state to another state if matter under consideration will be similar or quite unique. In fact, it can go either way. Thus, it is evidently best to have check-ups on the specific laws that are applicable to whatever a particular state one may be planning to file for divorce in.
Divorce & Legal Separation
Although you must move towards the court and formally file for a legal separation, there is actually no such term as a “legal separation” in VA or “legal separation proceedings” in Virginia. In fact, separation is just a common concept of not living together. Thus, nobody requires any documentation to live separate and apart from their spouse in Virginia. The separation date is basically the date you and your spouse start to live separate and apart with the intention of being lawfully separated.
Signing a Separation Agreement
In case you have received a legal separation in VA agreement, it would be in your best interests to have an attorney review the document so you can be certain that you know what you are signing before signing any agreement drafted by your spouse’s attorney. Additionally, you do not have to sign any separation papers; however, a Separation Agreement may be helpful in dividing property and establishing support or responsibility for marital debts at the beginning of the separation period. A Separation Agreement is a legally binding and enforceable contract that should be drafted by an attorney to protect the parties’ rights.
About to Get Separated and Have Divorce
When you are expecting to separate from your present spouse, and eventually being divorced, then you simply have to file for divorce instead of any legal separation in VA or do anything before filing for divorce. But you must still be curious to know how to file for divorce in VA. In the Commonwealth of Virginia, there are two different ways to lawfully file for divorce, viz. fault and no-fault.
Divorce on Fault Grounds
When you are applying for divorce on fault grounds, then you are also alleging that your spousal partner did something which is not right and you are registering for divorce as the result of it. Specifically, you have to allege adultery, cruelty, or desertion as the grounds of divorce or legal separation in VA. When you are claiming that the reasons do exist and such grounds are actually backing my request for the divorce, then you hold the right to file for divorce at any time.
A No-Fault Divorce
In case of a no-fault divorce, one is not basically accusing your spouse of wrongdoing (that is why the name “no-fault”). But spouses have to be separated for at least twelve months before filing for divorce on no-fault grounds in Virginia. This also means that you have to wait for a complete year from your official “date of separation” to file for divorce. However, you must note that you have to be separated for only six months when:
- the parties involved have no minor children; and
- have a formal written property settlement agreement which resolves all concerned issues emerging from the marriage.
If you need the help of a separation lawyer in VA with this type of a case in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania, Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick, Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock or York, call our law firm immediately for help and speak to a lawyer about your options. B