Serving the Needs of Virginia Families for over 25 years
In some instances, spouses may choose to effectuate a separation as an alternative to pursuing divorce or in order to begin the divorce process. In Virginia, there is no signed, legal document obtained from the court that declares a separation. The separation is "de facto" or determined by the facts of each case. Whether or not such separation will ultimately lead to divorce, a separation results when a married couple stops living together ("cohabitating") as husband and wife and one spouse has the intent that the separation be permanent.
In other specific instances, a separation can begin while the couple continues to live in the same home. Such separation under the same roof can be complicated and is not always found to be adequate, full, and complete separation sufficient to form the basis for a divorce.
As divorce lawyers, we remind our clients that, under Virginia law, the separation (or the fault ground for divorce) must be corroborated by an independent source. Corroboration is typically through a witness, but may in some specific circumstances, be through other evidence sufficient to persuade the court that the separation was complete or the fault ground was proved by clear and convincing evidence (adultery) or a preponderance of the evidence for other divorce grounds. Experienced family divorce attorneys ensure you have all the resources and guidance you need to settle your marital separation smoothly.
We at the Family Law & Mediation Center have worked with countless clients for over 25 years. Our practice serves to help guide individuals through the difficulties of the divorce process, practicing as family law and dependable divorce attorneys toward a variety of circumstances, such as property division, child custody, and protective order cases.
Contact us at (703) 691-3066 to discuss your next steps through the divorce and family mediation process.