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Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.

While many states across the country have a requirement for a formal legal separation document between the parties in order to recognize a separation, the state of Virginia does not.

What voids a separation agreement in VA? If you resume a marital relationship—even briefly—that can give a court grounds to void your separation agreement. However, you can have your attorney specify in the agreement that it will remain in effect even if there is a reconciliation.

In Virginia, there is no such thing as a legal separation. One person in the marriage simply decides they want to be separated and in the court's eyes, you are separated. There is no filing of paperwork, no procedures to follow, basically, nothing needs to happen “legally” to become separated in Virginia.

In Virginia, there is no such thing as a legal separation. One person in the marriage simply decides they want to be separated and in the court's eyes, you are separated. There is no filing of paperwork, no procedures to follow, basically, nothing needs to happen “legally” to become separated in Virginia.

You can draft a separation agreement yourself. But, as with all contracts and legal documents, it is best that you consult with a knowledgeable Virginia family law attorney with experience creating separation agreements.

Legal Separation in Virginia: No-Fault Divorce You can obtain a no-fault divorce in Virginia if you live separately from your spouse for one year or live separately from your spouse for six months, have a separation agreement in place, and have no minor children.