At Hawk Law, we understand that divorce is one of life's most challenging experiences. Our dedicated family law attorney is here to provide you with the compassionate support and expert guidance you need to navigate this difficult time.

Why Choose Us for Your Divorce Needs?

• Experience: We have extensive experience handling all aspects of divorce, from amicable separations to contentious disputes.
• Personalized Attention: Every case is unique. We tailor our approach to meet your specific needs and goals.
• Clear Communication: We keep you informed every step of the way, ensuring you understand your rights and options.
• Strong Advocacy: We fight to protect your interests, whether it involves property division, child custody, or spousal support.
• Emotional Support: We offer more than just legal advice. We provide a supportive environment to help you through this emotional journey.

Our Comprehensive Divorce Services Include:

• Uncontested and Contested Divorce
• Child Custody and Visitation
• Child and Spousal Support
• Division of Assets and Debts
• Mediation and Collaborative Law

In Virginia, the separation requirements for married people who wish to file for divorce vary depending on whether they have children and whether they are filing for a fault or no-fault divorce. Here’s a breakdown of these requirements:

No-Fault Divorce

Virginia allows for no-fault divorces, which means that neither spouse has to prove the other's wrongdoing.

With Minor Children:

• Couples must live separately and apart without any cohabitation for at least one year before filing for divorce.
• Without Minor Children:
• Couples must live separately and apart without any cohabitation for at least six months before filing for divorce.
• Additionally, the couple must have entered into a separation agreement (also known as a property settlement agreement) that resolves all issues regarding the division of property, spousal support, and other matters.

Fault-Based Divorce

Virginia also recognizes fault-based grounds for divorce, which include adultery, cruelty, desertion, and others. However, even in fault-based divorces, separation periods might still apply:

Adultery:

• There is no mandatory separation period for filing for divorce based on adultery. However, adultery must be proven with clear and convincing evidence, which can be challenging.
• Cruelty or Desertion:
• The couple must live separately and apart for at least one year following the act of cruelty or desertion.

Summary

• No-Fault Divorce with Children: One year of separation without cohabitation.
• No-Fault Divorce without Children: Six months of separation without cohabitation and a signed separation agreement.
• Fault-Based Divorce (Adultery): No mandatory separation period, but proving adultery can be difficult.
• Fault-Based Divorce (Cruelty or Desertion): One year of separation following the act of cruelty or desertion.

It is important to note that the separation period must be continuous and uninterrupted. Both parties must intend the separation to be permanent, and any attempts at reconciliation that involve resuming cohabitation can reset the separation clock.

Take the First Step Towards a Brighter Future

At Hawk Law, we are committed to helping you achieve a fair and just resolution, so you can move forward with confidence and peace of mind.

📞 Call us today at 703-273-2090 for a Consultation
📍 Find us at 11325 Random Hills Road, Suite 360, Fairfax, Va. 22030

Hawk Law – Your Trusted Partner in Divorce and Family Law Matters.