Frequently Asked Questions
Get answers to your questions about separation or divorce in Virginia
The attorneys of The Stallings Law Group, P.C. provide answers to frequently asked questions about separation and divorce in Virginia, below. These answers are provided for reference purposes only. Keep in mind that the answers provided may not be construed as a substitute for legal advice. Only an attorney with specific knowledge of the facts in your case can provide you with the guidance you need to make an informed decision.
- Do I have to file for a legal separation?
- Can I begin a new relationship while I am separated?
- How long do we have to be separated before we can get a divorce?
- How will our shared property be divided?
- I’m divorced. What happens if I want to move or my ex-spouse moves?
- How do I find out how much child support is due/owed?
The skilled family law guidance you need
The Stallings Law Group, P.C. strives to provide clients with experienced and knowledgeable guidance for divorce and family matters in Virginia. Please call 757-422-4700 or contact us online to schedule a free initial consultation.
FAQs about separation
No. In Virginia, you are considered to be separated if you have moved out of the house you previously shared with a spouse and you have the specific intent to end the marriage.
Nevertheless, it might be a good idea to talk to a lawyer about drafting a Separation Agreement if:
- You want to avoid allegations of desertion or abandonment
- You want to document an in-home separation
- You want to get a limited divorce
- You have no minor children and want to expedite your no-fault divorce
- You want to make temporary arrangements for spousal support, child support, custody, visitation or property division
Be warned: You might be separated, but you are not yet divorced. If you begin an intimate relationship with someone else while you are separated, this could be grounds for an immediate divorce on the basis of adultery. The cheating spouse could lose the right to receive spousal support and much more. Talk to an attorney before you make this decision.
It depends. A no-fault divorce based on irreconcilable differences can be completed after a one-year separation if you have children or after six months if you do not have children and you have a signed Separation Agreement. This is the easiest way to get a divorce.
There is one fault-based ground for divorce that does not require a period of separation — adultery. Proving adultery can be difficult and costly. A cheating spouse could lose the right to spousal support. Talk to a lawyer before you decide to proceed on these grounds.
For the other three fault-based grounds for divorce, the wait time varies based on whether you are seeking an absolute divorce or a limited divorce.
FAQs about divorce
In Virginia, property is divided equitably. An equitable division is not necessarily a 50/50 split of marital assets, but rather a calculation that is based on fairness. Visit our property division page to find out how shared property will be divided.
Virginia laws are making it harder for divorced individuals to relocate after child custody and support rulings are established. The bottom line is that the father or mother of a child has the ability to restrict or delay the other’s relocation attempts.
Child support is determined by the child’s needs and the parents' ability to financially provide for the child. You can estimate child support payments by using an online Child Support Calculator.