But there are a few key things you'll want to avoid doing during your separation that your Virginia divorce lawyer wants you to be aware of. Don't Date Without Considering the Consequences. Don't Indulge in Retail Therapy. Don't Vent on Social Media. Don't Give up on Co-parenting. Consult With Your Virginia Divorce Lawyer.
When we are having a consultation with new clients, it happens that some people ask the question -- can I write my own separation agreement in Virginia. In trying to maintain our desire to provide straight forward answers, I will answer like this -- yes, you can write your own separation agreement in Virginia.
1. AGREE A DATE OF SEPARATION. The first thing you should do is to note, your date of separation. This date is important because it calculates any time limits you have to bring a property settlement claim and make a divorce application.
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. (Va.
In Virginia, there's not really any such thing as a legal separation. You don't have to fill out any forms or file anything with the courthouse. You are separated when (1) one of you forms the intent to end the marriage, and (2) you stop cohabitating.
The short answer is no, Virginia does not have an official status for “legal separation” in no-fault divorces. However, you do need to be physically separated for at least 6 months (often a year, if children are involved) to file for divorce. Do I have to go to court for a divorce in Virginia? That depends.
Many states require that couples go through a court process of legal separation before they can file for divorce. Virginia does not have that requirement. In fact, in most uncontested divorces, the court does not get involved until the divorce stage.