How Long Do You Have to Be Separated Before Divorce in Virginia?

Written by: Kate Beurmann-O’Neill

One of the most common questions we hear is: “How long do I need to be separated before I can get divorced in Virginia?” The answer depends on your situation. Virginia requires couples to live “separate and apart” for a period of time before a no-fault divorce can be requested and granted. Here’s what you need to know.

No-Fault Divorce: 1 Year vs. 6 Months

• One Year: Most couples must be separated for 12 months before filing a Complaint for a no-fault divorce. This includes anyone with minor children.
• Six Months: If you do not have minor children and you have a signed separation agreement that resolves property, support, and other issues, you may qualify to begin the process of divorce after just 6 months of separation.

Fault-Based Divorce

In Virginia, there are instances where a spouse can file for divorce before one year of separation has passed.  That is available when a fault-based divorce is sought for reasons such as adultery, cruelty, desertion, or felony conviction. In these cases, you may be able to file a Complaint for Divorce without waiting a full year.  An absolute divorce, however, cannot be granted before one year, even if fault grounds are awarded

In either case, if any portion of the divorce is contested, whether it is the grounds, property division, support or child custody matters, the process can take longer due to the need for discovery and preparation needed for contested hearings.

What Counts as “Living Separate and Apart”?

In some jurisdictions, living separate and apart requires that the parties live in different residences.  In other jurisdictions, especially those where the cost of living is higher, the Court will accept that those living separate and apart can do so while living in the same home.  However, living “separate and apart” means more than just sleeping in different bedrooms. Other steps must be taken, and it is often recommended that parties must stop living as a married couple — no intimacy, no shared household duties, and no presenting publicly as a couple. In those instances, you can be separated under one roof, but it must be clear that you’re living separate lives.

Why Separation Matters

The separation period acts as proof that the marriage is permanently broken. It is legally required to obtain a divorce.  It also gives both parties time to attempt to work out custody, support, and property issues through negotiation.

Final Thoughts

In Virginia, you generally must be separated for one year before filing for divorce, or six months if you have no minor children and a signed Marital Settlement Agreement.

If you’re considering getting a divorce, contact our Family Law team at Vanderpool, Frostick & Nishanian, P.C. We’ll guide you through the process and help you move forward with confidence.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer