• If you have minor children, Virginia law requires that the parties be living separate and apart, continuously, without cohabitation, without interruption and with at least one party’s intention to end the marriage permanently for one year or more.
  • If you do not have minor children, and at any point during the course of your separation have entered into a written separation agreement, you may file after a six-month separation.

Yes! Virginia case law does allow for such circumstances in the event the parties had to do so due to financial necessity. The parties are required to present evidence in support of their separation while in the same home, and further should have a witness who has visited their home during the separation and can personally corroborate that they were in fact living separate and apart. The judge will then determine whether the evidence presented is sufficient grounds for divorce. Blessing Legal has handled many divorces with such circumstances and will provide a free consultation to better assess your situation and strategy to proceed forward.

As long as the matter is uncontested and all parties have signed the required documents (prepared by Blessing Legal) there should be no need for you to attend a court hearing.

Simply call me at 757.216.9415 and I will run a conflict of interest check and provide a free consultation. If we decide to proceed forward, I can then email you the intake forms and an invoice for you to complete and return electronically. Then your matter will be opened with my office.

If everyone returns the requested documents right away, your matter may be finalized in approximately 2-4 weeks from start to finish.

Virginia law requires that one party be a resident and domicile of Virginia for at least six consecutive months prior to filing the Divorce. If you are not a legal resident, but are currently stationed here and have been for at least six months, you will meet the residency requirement under Virginia Code section 20-97(1).

*These are general answers and not case specific. They further do not constitute legal advice for your particular matter. Please call today for a free consultation if you have questions about a specific matter.