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:
Divorces in Virginia can be "contested", which requires proof, or they can be "uncontested" (which are usually based on a mutual and voluntary separation of at least six months).
Uncontested Divorce.
If the parties agree to be divorced, you must have a written Separation
Agreement that makes a fair and equitable division of your property. You
can then file for divorce with six month's separation. If children had been
involved, you would have needed a one year separation.
There are also additional technical requirements, but the Separation
Agreement is the essence of an uncontested divorce.
Contested Divorce.
A contested divorce is a case in which the parties cannot agree on one or
more points (property division, alimony, custody, child support, or
attorney's fees). Even when parties have lived separate and apart for six
months, and wish to be divorced but cannot agree to the terms of financial
settlement, or custody, it is still a contested divorce.
The grounds for a final divorce in Virginia are as follows:
Adultery.
Felony Conviction. At least one year imprisonment.
Cruelty.
Desertion.
Voluntary Separation. Six months with a written agreement and no children,
otherwise one year.
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.
