Virginia law requires that couples getting divorced live separate and apart for six months if they have no minor children (under the age of 18), and for one year if the couples have minor children. There are exceptions to this rule in cases of divorce for cause which includes spousal abuse and adultery.
It is much less expensive to obtain a divorce based on living separate and apart than it is to litigate a long, protracted, contested divorce based on cause.
Many people do not realize that a party can obtain temporary child support or alimony, or both, before the separation period is completed. Similarly, many clients are unaware that a couple can live separately in the same home - if both agree that they were truly living separate and apart (ie. they did not engage in sexual relations, and lived as roommates not as husband and wife).
Another aspect of family law that the average person does not understand is the distribution of assets. Virginia is an equitable distribution state. This means that in many occasions, a judge may choose to simply divide the parties assets up evenly - but a judge is not required to do so as they are in a community property state. In recent years, Virginia courts have adopted the position that parties may trace back separate property and money so that they can recover this money during the divorce.
There are many other aspects of divorce law that we would be happy to discuss with you. Please contact us to schedule a free consultation to explain separation and divorce in more detail.