Legal Separation in Virginia
- In Virginia, you do not need a legal separation to obtain a divorce.
- Courts in Virginia may grant a limited divorce, also called a "divorce a mensa et thoro" or a "divorce from bed and board." It is similar to legal separation in other states.
- In order to file for a limited divorce (or any divorce) in Virginia, you must meet the residency requirement, and your situation must reflect one of the four grounds for limited divorce. To meet the residency requirement, you must be living in Virginia at the time of your divorce filing and have lived there for six months previously. You file for divorce in the circuit court of the city or the county where either you or your spouse live. The four grounds are cruelty, reasonable apprehension of bodily harm, willful desertion and abandonment.
- You can represent yourself in a divorce proceeding in Virginia, but doing so is probably unwise if there are custody or property issues involved. If you are granted a limited divorce, you are not permitted to remarry.
- Limited divorce can be an attractive option for those whose religion prohibits divorce. In Virginia, a limited divorce stops short of a full divorce from the bonds of matrimony while still accomplishing what the party needs in the way of a support and property settlement.
- In Virginia, divorce law is statutory. The laws may be found in Chapter 20 of the Virginia Annotated Code, 1950, as amended.
