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• Negotiation Assistance: We help you negotiate terms that are fair and equitable.
• Drafting Agreements: We can draft comprehensive Marital Settlement Agreements and Custody Agreements tailored to your needs.

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.

Why Choose Us?

• Experienced Legal Support: Our knowledgeable family lawyer is dedicated to offering personalized, professional guidance.
• Reasonable Rates and Retainers: We provide our services at fair rates and offer flexible retainer options.

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