Introduction
Divorce is a challenging and emotional decision. In Virginia, there are specific requirements that must be met before filing for divorce. One of the confusing aspects of divorce in Virginia is whether legal separation is necessary before filing. Many couples wonder if they must satisfy any separation requirements before they can get a divorce. In this article, we explore the legal requirements for divorce in Virginia and whether legal separation is necessary.
Legal Grounds for Divorce in Virginia
To file for divorce in Virginia, the petitioner must have legal grounds for divorce. This means that the petitioner must prove that their marriage has broken down irretrievably and that there is no hope of reconciliation. Virginia has two types of divorce: fault-based and no-fault divorce.
In a fault-based divorce, the petitioner must prove that the respondent has committed a fault that has led to the breakdown of the marriage. Fault grounds for divorce in Virginia include adultery, cruelty, desertion, and conviction of a felony. In a no-fault divorce, the petitioner does not need to prove that the respondent has committed any fault. Instead, the petitioner must prove that they have lived separately and apart without interruption for at least one year (for couples with minor children) or six months (for couples without minor children).
Legal Separation in Virginia
Legal separation in Virginia is not the same as divorce. Legal separation is when a couple decides to live apart without getting a divorce. In Virginia, there is no formal legal separation process. A couple is considered legally separated once they begin living apart and intend to end their marriage. There are no legal documents to file, and the couple does not need to obtain court approval or a legal decree.
Do We Need to Be Legally Separated Before We Can File for Divorce in Virginia?
The short answer is no. Virginia does not require a couple to be legally separated before filing for divorce. However, if the couple wants to get a no-fault divorce, they must have lived separately and apart for either one year (with minor children) or six months (without minor children). This means that if the couple has not lived separately for the required period before filing for divorce, they must use a fault-based ground for divorce.
Conclusion
While legal separation is not necessary before filing for divorce in Virginia, it can be a helpful step for a couple to consider if they are uncertain about ending their marriage. Legal separation can give both parties time to consider their options and to determine if divorce is the best choice for them. However, if a couple decides to move forward with a divorce in Virginia, the best course of action is to consult with an experienced family law attorney to determine the best legal strategy for their situation and to ensure a fair and equitable division of property and assets.