Dating after legal separation
Until you’ve been separated for the statutory period, you don’t have grounds, so you can’t file for divorce at all.
You have to be separated for the full year, or else you can’t get divorced—and you have to play by the court’s rules during that time, too. Lots of women ask me this question and, the more I think about it, the more I definitely can’t blame them.
In some cases, it takes a separation for your partner to truly appreciate that you’re serious.
Most people who separate don’t do so intending to get divorced.
If you’re not separated and you have an agreement like that, in all likelihood it’s a marital agreement.
You’re separated, like we said before, at the moment that you (1) decide in your mind that the marriage is ended (or, alternatively, your husband makes the decision), and (2) you stop cohabitating (basically, living together as husband and wife).
In Virginia, in order to get divorced, you need to be separated for one year, or six months if (1) you don’t have minor children, and (2) you have a signed agreement in place. That doesn’t mean that you have to have fault based grounds (like adultery, sodomy, buggery, felony conviction, cruelty, apprehension of bodily hurt, desertion or abandonment), though; these days, you can use no fault grounds if (1) you don’t have fault based grounds, or (2) you do have fault based grounds, but you’d prefer to pursue a no fault divorce.
Adultery, though, is a crime in Virginia—it’s a misdemeanor, and it’s rarely punished, but, you should be aware that it’s still a crime.
There are a lot of questions surrounding separation in Virginia, and what makes it a “legal” separation.
Today, we’ll discuss separation, including how you get separated, how long you need to be separated, why you need to be separated, and, finally, whether a separation agreement has anything to do with being legally separated. ) has to form the decision in your mind that the marriage is over.
Typically, though not always, people who have separated live in completely different physical spaces.
They stop wearing wedding rings, sleep in different beds, and let friends and family members know that they’re separated.