Legal Question in Family Law in Virginia
separate from spouse
My husband and I have two children and several properties together. I want a divorce. Must I first file for a separation and separate for a certain amount of time? Or do we separate on our own for a given amount of time and then file for the divorce?
1 Answer from Attorneys
Re: separate from spouse
There is no need to file for a "separation" in Virginia which is not recognized as a formal legal status in the Commonwealth. All that's required is that the spouses live separate and apart continuously
and without cohabitation for the required time specified in the divorce statute which would appear to be 12 months in your case for a no-fault divorce (involving children as well as property).
During this period of separation, you and your spouse would have the opportunity to conclude a formal Property Settlement Agreement(PSA) which could then be filed with the court in anticipation of the divorce.
This PSA would then be incorporated into the final decree at such point when the divorce became finalized.
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