The Issue of Separation in Virginia

If you and your spouse are having serious problems in your relationship and feel that ending your marriage is the only option, your first step is separation.

A Virginia separation gives you and your spouse time to experience the reality of being apart and prepare for the life you will lead after divorce. In Virginia, the period of separation necessary before filing for divorce is 6 months to a year.

Unlike separation in some other states, separation in Virginia does not require you to file any specific paperwork or receive any document that declares you legally separated.

You and your spouse simply agree to stop living together as a couple.
This usually means that one or both of you must physically move out of the marital home, but in some cases, the court will accept what is known as “in-home separation”.

While you don’t need any special documents to separate from your spouse, it’s very wise to execute a Virginia separation agreement. Separation agreements help set out the conditions of your separation and they usually make a Virginia divorce quicker and easier.

In a Virginia separation agreement, you and your ex put all your important separation decisions in writing. For example, you can include your decisions about dividing your assets, child support, access and ownership of the family home, and many more vital issues.

Contacting a Virginia Divorce Attorney

The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there’s also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.

A divorce attorney at Hofheimer Family Law Firm can examine the specifics of your case to help you decide how much support to ask for, what child custody arrangement will work best for you and your children, and how to fairly divide your marital assets. Request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.

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