Legal Question in Family Law in Virginia

Re: divorce

Seems simple, but is actually an interesting question. For a couple with a child under 18 the separation must be for one year. For a couple with a child who has turned 18 and has a written separation agreement the separation only has to be for six months. The agreement can be signed after the separation began, so long as the intent to separate existed at the time of the separation.

BUT, in order for the Court to have jurisdiction to grant the divorce, the grounds for divorce must exist at the time of the initial filing. So, if you separated after May of last year, you are not entitled to file on the basis of mutually agreed separation until after your child reaches 18. Best bet is to do a separation agreement but not file for divorce until after your child reaches 18, unless you separated before your child reached 17.