Do we have to be separated to get divorced in Virginia?

There is no concept of legal separation in Virginia, which essentially means that you don't have to go court and file papers to become legally separated before you get a divorce. However, if you are pursing a no fault divorce on the grounds of being separated from your spouse, you do need to be separated in order for this to be a valid reason to end the marriage. The length of time you must be separated varies:

• If you have a formal separation agreement in place, and you have no kids under 18 and you have lived apart for six months, the separation can be grounds for a no fault divorce
• If you don't have a formal separation agreement in place, you'll need to live apart for a year in order for the separation to be considered the grounds for divorce.

So, if there is no concept of legal separation, what is this "separation agreement" that allows you to get a divorce in six months? Essentially, it is a legally binding agreement that you create and sign. It is essentially a contract. The contract may deal with things like whether there's going to be support paid when the parties are living apart, or how kids are going to be shared as far as custody while the parties are living apart. The details set forth in the separation agreement are not necessarily the details that will be included in the final divorce settlement- although they can be if the parties choose to keep the terms of their divorce the same as the terms of their separation. 

Creating a separation agreement, filing for a divorce, and otherwise moving through the divorce process in Virginia, can be complex. To get help going through the divorce process in Virginia, you should strongly consider consulting a lawyer to protect your rights.