Separation and Divorce

Divorce in Virginia

In Virginia, spouses are “separated” when they physically separate with one party having the intent to remain permanently apart. While nothing is required to be filed with the court at the time of separation, evidence of the date of separation, including the testimony of a corroborating witness, must be presented to the presiding judge in order to obtain a Final Order of Divorce. It is important to have a witness who can testify that he/she has been inside of one parties’ residence on a regular basis and has seen no indication that the parties continue to cohabit.

Grounds for Divorce in Virginia

There are several ways to obtain a divorce in Virginia. If you have “fault” grounds (adultery, desertion, abandonment, cruelty and/or constructive desertion), you may file a Complaint for Divorce in the Circuit Court as soon as your grounds exist. Otherwise, there is a waiting period for parties to obtain a divorce on “no fault” grounds. If you have no minor children and are filing on the basis of living separate and apart without cohabitation, you can file a Complaint for Divorce after you have lived separate and apart for six months and have entered into a written Separation Agreement. If you have minor children and are filing for divorce based on living separate and apart, you must wait until you have been living separately for at least twelve months before filing for divorce. Ms. Schuler represents clients in both fault based and no fault divorces.

Whether or not you have a basis for filing a Complaint for Divorce in the Circuit Court, if you need immediate relief such as child support, spousal support, or a custody or visitation determination, you may file a petition with the Juvenile and Domestic Relations District Court. Ms. Schuler also represents parties resolving their issues through the Juvenile and Domestic Relations District Court.

Contact the Law Office of Sara Leiner Schuler, PLC
To speak with a Northern Virginia divorce attorney about divorce, custody, child support, spousal support, equitable distribution of property, mediation, collaborative law, premarital agreements or enforcement, please contact us online or call 703-272-3134.

More Practice Areas

Separation and Divorce

Child Custody and Visitation

Child Support

Enforcement

Spousal Support

Equitable Distribution

Premarital Agreements

Collaborative Law

Mediation