Separation in Virginia Divorce: Why the Date Matters
Living apart from your spouse but not ready or able to file for a divorce in Virginia? This in-between stage often leads to questions about legal separation and how to protect your rights during that time. In Virginia, “legal separation” isn’t a formal legal status like it is in some states, but documenting your separation is still critical in divorce-related matters, including child custody, support, and marital property division.
At Schwartz Kalina, PLLC, our Virginia divorce attorney helps clients navigate separation in a way that safeguards their interests and prepares them for the future. We explain how to document this time apart and why it matters.
Separation Requirements in Virginia Divorce Proceedings
Virginia does not have a court process to grant “legal separation” as a distinct status. However, living separately and apart from your spouse can play a vital role in Virginia Family Court divorce proceedings.
You can get a fault-based divorce in Virginia if you have proof of domestic violence, adultery, desertion, or other types of marital misconduct at any point in time. However, if filing for a no-fault divorce, state laws require that married couples with children be separated for at least a year, or six months if you have no minor children.
Common steps to document a separation prior to a Virginia divorce include:
- Signing a written separation agreement;
- Changing mailing addresses and living arrangements;
- Dividing household bills and bank accounts;
- Notifying friends, family, and relevant institutions.
Getting A Divorce In Virginia? Why Documenting Your Separation Matters
Not clearly establishing the date you and your spouse separated prior to a Virginia divorce can create legal and financial headaches later. Under Section 20-91 of the Virginia Code, the date determines when marital property stops accruing and can also impact the calculation of spousal support or child support.
How does this translate in Virginia divorce cases? Ways in which documenting the date of your separation helps to protect your rights include:
- Protects any property or assets you acquire after a separation, preventing them from being divided between you and your spouse;
- Limits your legal responsibility for debts your spouse takes on after your separation and prior to divorce proceedings;
- Provides a clear starting point for calculating child and spousal support;
- Reduces disputes about when the marriage ended.
If you and your spouse have children, documenting your separation also helps establish routines and agreements for custody and visitation. This provides stability for children during what is generally a difficult time and reduces conflict during the divorce process.
Consult Our Experienced Virginia Divorce Attorney Before You Separate
Even though Virginia doesn’t formally recognize legal separation, the date you began living apart from your spouse is vitally important in Virginia divorce proceedings.
At Schwartz Kalina, PLLC, we can help you draft a separation agreement, clarify financial arrangements, and protect your rights until divorce is final. To speak with our experienced Virginia divorce attorney, contact us today and request a consultation .
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-91/
loudoun.gov/114/Juvenile-Domestic-Relations
