3 common questions and answers about separation in Virginia

On Behalf of | Mar 20, 2023 | Divorce

Are you and your spouse thinking about getting a divorce? If so, you’ll need to abide by Virginia law which states that you and your spouse have to live separately for a year (six months without minor children) before seeking a no-fault divorce.

Many couples considering separation have questions about it. Here are three frequently asked questions surrounding separation.

Will our separation harm our children?

Separation will not hurt your kids as long as you handle the situation appropriately. The best way to handle separation with children is to acknowledge the difficulties of the situation, seek emotional support elsewhere and provide comfort and security to your kids. 

Can my spouse and I live in the same home while separated?

Even while finalizing a divorce, some couples live together to save money or because they have nowhere else to go. You and your spouse can stay in the same building as long as you sleep in different bedrooms, don’t share bank accounts and don’t behave as a couple. In other words, you basically must live like roommates.

Do all separations end in divorce?

While most separations end in divorce, that’s not the case with all couples. Some change their mind and get back together. Others remain separated for years. It varies from scenario to scenario. Generally speaking, the intent of a separation period is to give couples a chance to decide if a divorce is really the direction they want to go.

If you want more information regarding separation, including how to handle issues like child custody and support during this time, it helps to reach out for experienced legal guidance.