Guiding You Through Separation with Clarity and Compassion

In Virginia, separation is often the first step toward divorce, especially in no-fault cases. While the state does not recognize legal separation as a formal legal status, couples can still live apart and create a Separation Agreement to define the terms of their arrangement.

What Is a Separation Agreement?

A Separation Agreement is a written contract between spouses who have decided to live separately. It outlines key terms such as:

• Division of assets and debts
• Child custody and visitation
• Child and spousal support
• Insurance and tax arrangements
• Any other mutually agreed-upon terms
• In Virginia, this agreement becomes especially important if you're pursuing a no-fault divorce, as it can help shorten the required separation period.

Virginia’s Separation Requirements

Virginia law requires couples to live “separate and apart” for:

• One year for a no-fault divorce
• Six months if there are no minor children and a written separation agreement is in place
• To be considered “separate and apart,” spouses must cease cohabitation and behave as platonic roommates—even if they remain in the same home. This means no shared bedroom, meals, outings, or other behaviors that suggest a marital relationship
  

Why Mediate Your Separation Agreement?

Mediation provides a respectful and cost-effective alternative to litigation. Our experienced mediators help you:

• Communicate openly and constructively
• Develop fair and customized solutions
• Avoid court battles and reduce stress
• Ensure your agreement meets Virginia’s legal standards
• Establishing the Date of Separation

In Virginia, the date of separation is critical. It marks the beginning of the required separation period and can affect property division and divorce timelines. You must communicate your intention to end the marriage to your spouse and begin living separately, as per state guidelines.

Ready to Take the Next Step?

Whether you're considering separation or preparing for divorce, we’re here to help. Contact Divorce Mediation Associates of Virginia to schedule a confidential consultation and learn how mediation can support your journey.