To file for a no-fault divorce in Virginia, spouses must be “separated” for a certain amount of time before they can file the initial divorce forms.
Required separation periods
Below are the requirements, depending on your parental status and existing agreements.
- No minor children: Six (6) months
- Minor children with a signed separation agreement: Six (6) months. Click here for more information about separation agreements, and an easy-to-use online form to create yours.
- Minor children but no separation agreement: Twelve (12) months
Two ways to establish separation
1. Live in separate homes
In this scenario, one spouse moves out of the shared home, communicates their intent to live apart permanently, and confirms they no longer wish to stay married.
2. Living separately under the same roof
The court realizes that not all spouses can suddenly afford two homes, while others might need more time to live apart.
Separation can still be established in these situations by living separately within the home. Examples of this can be sleeping in different rooms or floors, avoiding shared activities, and making it known to family and friends that the relationship has ended. Additionally, it should be communicated by at least one spouse that they no longer want to continue the marriage.
Why the separation date matters
Along with starting the clock on your waiting period to file for divorce, the date of separation can affect asset division and spousal support payments. Click here to learn more.
