Full question:
Can I live apart from my spouse for 6 months (no children or property) then file for divorce, or do I need a separation agreement to start the 6 month time frame?
- Category: Divorce
- Date:
- State: Virginia
Answer:
In Virginia, you can file for an uncontested divorce after living apart from your spouse for six months, provided there are no children or property involved. However, you must have a written Separation Agreement that fairly divides any property. If you do not have this agreement, you cannot start the six-month separation period. If children were involved, the separation period would need to be one year.
A contested divorce occurs when the parties cannot agree on issues like property division or custody. Even if you have lived apart for six months, if you disagree on any terms, it will be considered contested. Grounds for divorce in Virginia include adultery, felony conviction, cruelty, desertion, and voluntary separation (with specific timeframes depending on circumstances).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.