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Jun 23, 2018 · In some states, couples can file paperwork to officially claim the status of “legal separation,” in which they live apart and fulfill certain marital obligations prior to a divorce, as agreed to by a court order. This is not the case in Virginia.
Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children. Unlike many states, Virginia does not have a procedure for obtaining a status of “legal separation” in these no-fault cases.
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.
Oct 4, 2013 · Legal separation in Virginia is simple to define: when one person forms the intent to end the marriage, the parties become legally separated. You don’t have to go down to the courthouse or file any paperwork. It’s that way in some states, but in Virginia it’s much easier.
Jul 21, 2014 · Legal Separation in Virginia. In some states, you have to go to the court and file for a legal separation. In Virginia, there is no such thing. You become separated when one of you decides that the marriage is over. Of course, it’s not quite that easy—you’ll also have to begin acting on your decision to leave the marriage.
Jun 10, 2015 · There are a lot of questions surrounding separation in Virginia, and what makes it a “legal” separation. Today, we’ll discuss separation, including how you get separated, how long you need to be separated, why you need to be separated, and, finally, whether a separation agreement has anything to do with being legally separated.
Virginia defines separation as having two elements: first, the spouses must start sleeping separately, and second, one spouse must have the intent that the separation be permanent. In some cases, it can be unclear when the separation started. Frequently, spouses may start a separation only to reconcile and then separate again.
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