Clarity And Support During Times
Of Uncertainty

No, Virginia does not recognize legal separation as a formal legal status, and there is no process for obtaining a court-ordered separation.

While it is not necessary to have a separation agreement to get a divorce in Virginia, coming to an agreement on property and assets can often make the legal process faster, less contentious, and more cost-effective. Before filing for divorce, your attorney will discuss all of your options, including a separation agreement.

While your divorce is pending, there may be immediate concerns as to property ownership, use of the marital home, spousal support, financial obligations, and custody arrangements. At a pendente lite hearing, a judge can establish temporary orders to address these issues and provide both stability and relief.

The amount of time spouses need to be living separately and apart prior to filing for divorce depends on whether the spouses have minor children and whether there is a separation agreement in play. If the spouses have minor children, they need to be living separate and apart for 12 months, even if they have a separation agreement. If spouses do not have minor children, they would need to be living separate and apart for six months, if they have a signed and notarized separation agreement. Otherwise, they would have to be living separate and apart for at least 12 months.

Though it is easier to demonstrate that spouses have been living separately and apart if they no longer live under the same roof, it is technically possible to meet this requirement if you and your spouse still live in the same home. The court will look at whether the spouses have been “holding themselves out as a couple,” and will take into account whether the parties sleep in the same bedroom, attend functions together, and still engage in physical intimacy.