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What is a legal separation in Virginia? The concept of “legal separation” indicates that two spouses have entered into a court-sanctioned agreement that dictates their various responsibilities and obligations while living apart, presumably while they transition into an official divorce. In states which grant legal separations, a couple can obtain a legal separation. This may happen regardless of why they are choosing to end their marriage. A legal separation can settle matters such as child support, alimony, and custody agreements. This is how legal separation differs from a simple separation. In Virginia, separation occurs when one spouse leaves the marital home with no intention to return. Unlike many other states, Virginia courts do not grant legal separations. Despite this, there are plenty of other ways similar to a legal separation. These methods provide the protection needed for yourself, your children, and your assets as you and your spouse progress towards divorce. Legal Separation in Virginia: No-Fault Divorces Virginia’s domestic relations laws will allow for a no-fault divorce on one of two grounds: Separation for one year, or Separation for six months with a separation agreement, and no minor children For these no-fault cases, there is no official way of establishing a separation. The one-year or six-month clock starts ticking on day one of the spouses deciding the marriage was over and communicates that to their spouse. Typically, this communication will take place in a verbal conversation. In this case, you always want the date in writing, in case it is contested later on in the divorce process. Generally, the courts label any income earned, any property purchased, or debt accrued after a separation occurred separate property in Virginia. The exact date of your separation has a significant bearing on what is considered separate property. At the final hearing for your divorce, you will likely need to produce evidence of your separation. This happens with a witness such as a family member or close friend to corroborate. With regard to separation, Virginia courts will look at things like if: You and your spouse have continued sharing certain living spaces such as a bedroom or a closet The couple attended events not related to any of your children together Taking meals together or preparing meals for each other continues as a couple When any of these occurred during the alleged time of separation, it could push your possible date for an absolute divorce back. Legal Separation in Virginia: Fault-Based Divorces Laws surrounding separation are a bit more structured in Virginia with regard to fault-based divorces. Virginia offers multiple fault-based grounds for divorce, but adultery, desertion, and cruelty seem to hold the title for faults in Virginia. If any grounds for divorce exist, the spouse not at fault can file for what is called a divorce from bed and board. In a divorce filed from bed and board, neither party can remarry or legally engage in a sexual relationship with another person. Many people choose to file for a divorce from bed and board during their year or six months of separation. It enables them to begin dealing with the division of property and custody matters. By the time the final hearing arrives, the separated couple has taken care of all of the actual divorce proceedings A type of divorce known as a divorce from the bonds of matrimony is a final and absolute divorce. And it will not be granted unless there has been at least one year of established separation. Pendente Lite in Virginia Once a complaint for divorce has been filed, either spouse can file for a form of relief called “pendente lite”. This may happen regardless if the divorce is filed from bed and board or from the bond of matrimony This form of relief is temporary relief contingent on the final resolution of the divorce. Different types of relief that fall under pendente lite are temporary custody orders, or temporary child or spousal support. Pendente lite also includes injunctions against harassment or a waste of marital assets. Pendente lite relief ordered by the court during a divorce from bed and board, or any type of separation in Virginia, will generally remain in place until the final hearing. At the time of final hearing, if one year of separation has passed, Virginia courts will grant a final and absolute divorce. For more information, check out our post: 10 Things Not to do When You Get a Divorce. Legal Separation in Virginia: Separate Maintenance In some cases, like with certain religions that prohibit divorce, grounds for divorce reside. However, neither party wishes to get actually get divorced. In this case, separate maintenance is a feasible alternative. This is a statute that enables Virginia courts to make rulings on custody and visitation matters. The courts can also rule on spousal and child support. However, separate maintenance does not allow courts in Virginia to divide marital property. Because of this, if your case involves large amounts of property, separate maintenance may not be feasible. Relief in Virginia Juvenile Court In cases of separation in Virginia, whether or not there are fault-based grounds, Virginia’s juvenile and domestic relief courts, also known as J&DR courts, can make rulings on matters of custody, visitation, and child or spousal support. However, oftentimes it is easier to seek relief first from circuit courts. This is due to the fact that decisions made in J&DR courts can be appealed in circuit courts, and jurisdiction can be moved from a J&DR court to a circuit court if either spouse decided to file for divorce on fault grounds, or after one year of separation has elapsed. For this reason, most attorneys begin in circuit court to keep costs to their clients as low as possible. Separation Agreements in Virginia. The closest a couple can get to what is known as a legal separation in Virginia is what is known as a separation agreement Any couple in Virginia who wishes to begin working towards divorce can enter into a separation agreement. The separation agreement is a binding legal document that outlines the distribution of property, child or spousal support. It also states each spouse’s intentions to live separate and apart. Creating a separation agreement rather than fighting out each individual issue in court can save plenty of time and money. It can also save the emotional hardship on a family. An attorney can help you draw up an appropriate Virginia separation agreement prior to any physical, official separation. That separation agreement will then become the ruling document until the final divorce resolution. If you're engaged, and want to look into information to avoid the whole process, look at: What is a Prenuptial Agreement. Contact the Manassas Law Group Today! If you are struggling with a divorce or a separation in Virginia, or if you have questions about legal separations in Virginia, send us a message to arrange a consultation, or call us at the Manassas Law Group at 703-361-8246.

Divorce laws are complex at best and are vastly different from state to state. When seeking a divorce, it is important to know what you will have to do, the length of time that needs to past, and any evidence you need to gather before the divorce can be granted. In some states, you can be completely divorced in six months, while others require more than a year of separation before the divorce can be granted. Virginia is no different and has its own laws regarding divorce. To start off, there are two types of divorce in Virginia: Divorce from bed and board Divorce from the bonds of matrimony A divorce from bed and board indicates the couple is still legally married, but are classified as separated. A divorce from the bonds of matrimony indicates the divorce is absolute and final. Any couple who has been granted a divorce from bed and board can request a divorce from the bonds of matrimony after being legally separated for one year. You must have appropriate grounds to obtain either type of divorce in Virginia. What are the grounds for divorce in Virginia? The two possible grounds in Virginia for a divorce from bed and board are willful desertion or abandonment, and cruelty or reasonable apprehension of bodily harm. The grounds for a divorce from the bonds of matrimony also include willful desertion and cruelty or reasonable apprehension of bodily harm, in addition to separation, adultery, sodomy, or buggery, and the conviction of a felony. Willful Desertion or Abandonment Desertion is characterized by one party breaking off the marriage cohabitation (most often this means moving out) with intent not to rejoin the marriage home. Anyone with grounds for desertion in Virginia can file for a divorce from bed and board immediately, and once you have lived separately from your spouse for one year, there are grounds for a divorce from the bonds of matrimony. In order to obtain a divorce from the bonds of matrimony on the grounds of willful desertion or abandonment, desertion requires a willful separation by one spouse without cause or justification and remaining separated for one year. For the purposes of a divorce in Virginia, one party does not necessarily have to leave the marital home; there may be grounds for desertion if one spouse can prove the other spouse has completely abandoned their marital duties to the extent that the marriage is intolerable. There is also constructive desertion, which means that the spouse leaving the marital home is able to produce evidence that the conduct of the other party amounts to grounds for divorce, such as cruelty. Cruelty or Reasonable Apprehension of Bodily Harm Cruelty refers to actions that cause bodily harm and make living together unsafe, such as repeated and frequent physical abuse. Mental abuse, neglect, and humiliation can qualify as cruelty, but they must be extremely severe, enough for the marriage to be deemed intolerable. Mean or rude words are not typically grounds for divorce in Virginia. One act of violence is also not usually grounds for a divorce unless the act of violence was so extreme as to endanger the life of the victim. If you have cruelty grounds for divorce, you can file for a divorce from bed and board immediately, and after living separately for one year, you can file for divorce from the bonds of matrimony. Separation If you and your spouse have been living separately for more than one year, with no cohabitation and no intent to reunite, you can obtain a divorce from the bonds of matrimony in Virginia, even if you do not have a divorce from bed and board. If you and your spouse have no children, or if all your children are over the age of 18, that period shortens from one year to six months. Adultery, Sodomy, or Buggery Adultery is a misdemeanor in Virginia and occurs when one party has voluntary sexual relations with someone other than their spouse. There must be clear and conclusive evidence that adultery did occur to constitute grounds for divorce in Virginia. Sodomy is a sexual act other than intercourse and must be committed with someone other than your spouse to be a valid grounds for divorce. Buggery is a sexual act that goes against nature, such as bestiality. For both buggery and sodomy, strict and satisfactory evidence is required for there to be valid grounds for divorce in Virginia. There are defenses against adultery, sodomy and buggery. If any of these defenses can be proved, the divorce will not be granted on these grounds. These defenses are: Condonation. If one party resumes sexual relations with their spouse after learning about their marital fault, the divorce will not be granted. However, if after condonation has occurred, the spouse commits the marital fault a second time, condonation is not a valid defense. Connivance/Procurement. The spouse requesting divorce is proven to have set up their spouse to commit marital fault. Recrimination. Proof that the accusing spouse is also guilty of any marital fault that is grounds for divorce. Time-barred. The adultery must have occurred within five years from the date of the filing for the Complaint of Divorce. Justification. The leaving spouse can prove that the accusing spouse’s conduct made the marriage intolerable. Res Judicata. If the accusing spouse has filed for divorce on the exact same grounds in the past and failed, the second case will be dismissed. Conviction of a Felony If one spouse has been convicted of a felony and received a sentence of more than one year, then conviction of a felony becomes grounds for divorce. For these grounds to be valid, cohabitation cannot continue after one spouse learns of the other’s confinement. Can I be granted a divorce based on marital fault? Yes. Adultery, cruelty, desertion, and conviction of a felony are all fault-based grounds. The only non-fault based grounds for divorce in Virginia is separation, though there does still need to be proof that separation occurred. How do I prove there are grounds for divorce? Adultery A judge will need clear and convincing evidence that the adultery occurred. Corroboration is also required, meaning someone else needs to testify that your spouse had sexual intercourse with another person. Your spouse’s confession does not count as corroboration, but incriminating texts, emails, or letters can. Cruelty Being granted a divorce in Virginia on grounds of cruelty requires evidence of physical harm or threats of violence. Police reports, photographs, medical reports, and witnesses can serve as proof of cruelty. Desertion You will need to show that one spouse left the marital home without reason or justification with no intent to return. Corroborating evidence is required. Separation Though separation is not considered a marital fault, you will still need a witness to testify the length of time the separation has lasted, and that there is no chance of reconciliation between you and your spouse. What is the cost of a divorce in Virginia? You will be responsible for attorney’s fees and court filing fees. In Virginia, depending on the financial status of each spouse and the specifics of the case, one spouse may also be responsible for paying some or all of their spouse’s attorney’s fees. You may also be liable to pay alimony or child support to your spouse, depending on the situation. Can I get maintenance from my spouse, or will I have to provide maintenance to them? Maintenance can be awarded during the divorce action, and it can be awarded temporarily or permanently. Courts are required to take into account the financial abilities of each spouse before deciding any action regarding maintenance. For instance, if one spouse has remained at home unemployed for years, while the other spouse worked, the spouse who is unemployed will likely not be required to provide maintenance to their working spouse. Child support required is also taken into account during a divorce and is judged on a case-to-case basis. When can I file for divorce in Virginia? You or your spouse must have lived in Virginia for six months, with intent to live there permanently, before you can file for divorce in Virginia. What happens if my spouse cannot be served? Once you have filed your Complaint, your spouse will be served with a copy of the Complaint and a summons. In Virginia, there are four methods for serving your spouse: Service in person Service in writing to your spouse’s residence Service by posting the Complaint on your spouse’s front door Service by publication Service by publication is a last resort method and is only appropriate if the first three methods are unsuccessful, if your spouse is not a resident of Virginia or your spouse cannot be located by reasonable means. If all of these methods are employed and your spouse does not respond, the divorce will be classified as uncontested. What happens if my spouse doesn’t want a divorce? If you have a fault-based grounds for divorce in Virginia or if you have been living separately from your spouse for the required time period, it does not matter if your spouse wants the divorce or not. Will I have to go to court? In a contentious divorce (i.e. if you or your spouse contest some or all of the terms of the divorce), yes. If your divorce is not contested by you or your spouse, and your spouse signs a Waiver of Service of Process form, you will be asked to come to the courthouse with a corroborating witness. This is usually a family member or close friend. You and your witness will sign affidavits that you have not lived with your spouse for the required amount of time and that you or your spouse have lived in Virginia for six months. No court appearance is necessary in this scenario. When will my divorce case be over? In an uncontested divorce where the spouses have lived apart for the required period of time and have signed a Property Settlement Agreement, the process can take as little as a month. In a contested divorce, it can be more complicated. Anything you and your spouse cannot agree on will have to be decided by the judge. Attorneys will need to gather evidence regarding custody, marital property, and debts. Depending on the county, the Court will usually set a trial date. Ideally, the terms of the divorce will be decided on by this day. If there are any issues still undecided by the time of the trial date, both parties will present their case, and the judge will decide. The laws surrounding divorce in Virginia, and in any state, are highly complex and individualized, and the most important thing is having a lawyer you can trust. If you have questions about divorce or intend to file for divorce in Virginia, arrange a consultation with us at the Manassas Law Group by calling 703-361-8246.

Smart Divorce Attorney Advice in Virginia It’s bad enough that you’re faced with the emotional and financial stress of a divorce, but there are ways to reduce how bad it can be. If you want your marriage to end, there’s no reason to make matters worse. Or if you don’t want a divorce but your spouse does, doing destructive things won’t make your spouse change his or her mind. While there’s no perfect way to complete a divorce and resolve the many complex issues that arise through the process, there are definite things you should NOT do. If you abide by this list of things not do to, you can protect yourself, perhaps come out better than you might otherwise, and avoid extra attorney costs and unnecessary strife. #1 Do NOT avoid seeking an attorney’s advice. A n experienced family law attorney will be able to help you navigate the areas of child custody and visitation, child support, spousal support, and equitable distribution (the division of your assets and debts). An attorney with legal experience in divorce can properly advise you about your options and whether it’s in your best interest to agree to a proposed settlement offer. If your divorce is contentious and your case proceeds to court, a knowledgeable lawyer will ensure your interests are properly represented. Even in a non-contentious divorce, having an attorney file all of the necessary pleadings on your behalf and guide you through the process and the court system can save you time and energy and help you to avoid additional stress. #2 Do NOT sign a mediated agreement without seeking advice from a lawyer If both you and your spouse agree to participate in mediation or negotiate settlement terms on your own, it may save you considerable money, reduce stress, and help you finalize your divorce sooner. If you decide to participate in this process, do not sign a separation agreement or other agreement without seeking advice from a lawyer. Once you both sign an agreement, you are bound by it. #3 Do NOT neglect your finances. It’s important that you have documentation of your income and assets. This includes bank accounts, investment statements, tax returns, property deeds, insurance policies, wills, trusts, pension statements, and vehicle titles. While your spouse should also have access to these documents, it’s important that you have at least one copy of each kept in a secure location that is not accessible by your spouse. Also, if you can, you should set aside money for the expenses you’ll incur through the divorce proceedings. #4 Do NOT forget about taxes. There may be tax consequences associated with your divorce. For example, if you want to keep the former marital residence after the divorce, you will need to evaluate whether you’ll be able to afford not only the mortgage and home maintenance but also property taxes. If not, you may be better off accepting a buy-out from your spouse or listing the property for sale. #5 Do NOT increase your debt. Besides the cost of the divorce process, which is almost inevitably expensive, it’s likely you’re going to have less money than when you shared income and expenses with your spouse. The emotions involved in ending a marriage may affect your usually clear, rational thinking and judgment, resulting in impulsive purchases. While it may require some restraint when aspects of your life seem out of your control and you feel entitled to a new item, acquiring new debt or spending money unwisely could cause avoidable financial stress as you move forward after your divorce. #6 Do NOT allow negative emotions to dictate your conduct. Although you may be very angry with your spouse for legitimate reasons, don’t allow the expression of those emotions to interfere with wise decision-making. During negotiations, if you can remain calm and reasonable, you’ll probably come away with a more satisfactory result. If you must express anger toward your spouse, it’s best to wait until after the divorce is final. #7 Do NOT forget to amend your will. Unless you want your spouse to continue to be the recipient of any monies or assets they’re not legally entitled to post-divorce, you should update your will. However, keep in mind that if you should die before the divorce is final and you have not provided for your spouse in your amended will, they can sue your estate for recovery. #8 Do NOT ignore the cost of battling over little or insignificant settlement issues. While you may feel inclined to argue over small things on principle, you’ll be paying the extra cost in attorney fees to “win” just because you’re angry. In a contested divorce, if you and your spouse want to battle rather than cooperate toward final divorce resolution, decisions may be left to a judge, which may not lead to a desirable outcome. To reasonably manage legal costs and reduce stress, concentrate on what’s important, and decide if the battle on principle alone is worth it. #9 Do NOT do or say something you may regret later. In any divorce, it’s common for emotions to run high at times, but do your best to control your words and actions. For instance, it is an inadvisable fight with your spouse on any form of written technology or social media or to post anything about the divorce on social media. Now is not the time to let the world know what you’re doing or how you’re feeling. Especially if your divorce is contentious, what you say and how you’re conducting yourself could be used against you in divorce and custody proceedings. #10 Do NOT settle too early. Although you may want to end your marriage as quickly as possible, settling too early could permanently jeopardize your financial security. Once your divorce is final, the asset and property division is inalterable, so be patient and allow the process to unfold productively. While it’s possible to revise child custody, visitation, and child support after your divorce, it may be difficult and costly to change. It’s vital that you take the time to be sure both your interests and your children’s interests are legally and financially protected. An experienced family law attorney can help guide you through the divorce process and help you protect your interests. While any prudent spouse will likely end up in a better position if they follow these “do not” guidelines, the circumstances of every divorce are unique. For divorce advice and guidance specific to your marriage dissolution and rights, contact The Manassas Law Group at 703.361.8246, or send us a confidential message on our family law team’s contact form.