Separation

The first step after the relationship has permanently ended is generally for the parties to separate. Separation can be complicated by financial and emotional road block.

In general, Virginia law requires a one-year separation period in the case of an uncontested divorce. In there event there are no minor children and the divorcing couple have a legally binding separation agreement, a divorce may be filed after a six-month separation.

Under Virginia law there is no requirement for a court ordered “legal separation”. Legal separation is deemed to be in effect if the party is of the belief that the relationship is irreparably broke and has no intent to reconcile.