Legal Question in Family Law in Virginia

Re: Marriage Separation

Simply separating is the first step. There is no other requirement, except for staying separated for the required period of time (six months if you have no children and have a written separation agreement; one year otherwise).

A separation agreement can be as simple as a statement signed by both of you that you are separated and intend to get a divorce; or it can be a more comprehensive agreement that deals with and hopefully resolves custody, support and property issues.

Nothing gets filed with a court until the separation has lasted long enough to qualify you for a divorce, at which time either of you can file for divorce.

Re: Marriage Separation

No, particular "steps" are required for spouses to separate in the Commonwealth, but at some point it

is usually advisable for them to conclude what's called a Property Settlement Agreement(PSA)which is designed to settle most(if not all) of the major issues in the marriage.

Then, if either or both of the spouses decide to go forward with a divorce, the PSA can be filed with the court along with the other divorce papers and ultimately incorporated into the final decree.