Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof.
Virginia does not have common law marriage. No duties or obligations arise between two adults by living together in the same household unless such duties or obligation are set out by express agreement.
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.
It essentially requires two things: (1) physical separation with (2) at least one party having the intent that the separation will be permanent. Physical Separation. Physical separation is usually achieved by one party moving out of the marital residence.
Virginia does not recognize common law marriage. This means that you and your unmarried partner's duties and obligations regarding parenting and property aren't specified unless you have a written cohabitation agreement.
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.
Domestic partners can receive health insurance coverage, although some rules must be met in order to qualify. Essentially, you must either have one or more children together or be able to claim a partner as a tax dependent with the IRS.
Include an unmarried domestic partner only if you have a child together and you'll claim your partner as a tax dependent. Don't include people you just live with — unless they're a spouse, tax dependent, or covered by another exception in this chart.
Cohabitation Agreements in Virginia Since Virginia law fails to recognize cohabitation as either a marriage or civil partnership, a cohabitation agreement can provide unmarried couples with a layer of protection they would not otherwise be entitled to.
Both applicants must be present in person to register the partnership, by appointment only, in the DC Vital Records office located at 2201 Shannon Pl. SE, Washington DC 20020. Make an appointment at or call (202) 442-9303 option 1 and then option 9.