Virginia law requires people to live “separate and apart” for a certain period before they can file for a no-fault divorce. This period is at least six months for those with a signed separation agreement and no children and up to one year for others.
Many people misunderstand this requirement, which can lead to confusion and legal issues. Below are some common myths, as well as the truth about these rules:
Myth 1: You need to live in different homes
Many think divorcing couples must live in separate homes before the court can consider them separated. This is not true. The law allows in-home separation under certain circumstances. Couples can live “separate and apart” while sharing the same house as long as they have separate living spaces, finances and daily routines. This setup must clearly show they intend to end their marriage.
Myth 2: Any social interaction nullifies separation
Some believe that any social contact between separated spouses cancels the separation period. This is false. Occasional, non-romantic social interactions are acceptable, especially those related to childcare or necessary household matters. However, it’s important to keep clear boundaries and avoid actions that might look like attempts to get back together.
Myth 3: Shared childcare responsibilities can affect your case
Some parents worry that co-parenting during separation might hurt their no-fault divorce case. This isn’t true. Courts understand that separated parents often need to work together for their children’s well-being. Shared childcare responsibilities don’t cancel out separation as long as the parents keep separate lives in other ways.
Myth 4: Separation requires a formal agreement
While a separation agreement can be helpful, Virginia law doesn’t require it for separation. The separation period begins when one spouse intends to separate and tells the other spouse, followed by physical separation. However, having a written agreement can help clarify things and protect both parties.
Myth 5: The clock restarts with any reconciliation attempt
Some think that any attempt to get back together, no matter how brief, restarts the separation clock. This isn’t always true. While significant efforts might reset the timeline, brief attempts do not necessarily cancel out the entire separation period. The court looks at the overall intent and pattern of behavior.
Clarity is important
Every family’s situation is different. If you are not sure about what the divorce process looks like for your unique circumstances, it’s crucial to talk to an attorney who can give you the advice you need.