Separation
Understanding Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. With that in mind, here are a few important points to note about separation
- There can be separation in the same home. This essentially means that each party sleeps in a separate room, maintains their own schedule, covers their own meals, and rarely interacts with each other except as to basic maintenance of the house or coordinating children’s schedules.
- It has to last for one year. The only exception is if there are no minor children AND there is a signed settlement agreement.
- The date of separation is supremely important. That date can impact how soon you can file for and get a divorce and plays an essential role in determining how property and debts are divided.
Felony Conviction
Though not as commonly used, a spouse may be granted a divorce if the other spouse has been convicted of a felony and sentenced to more than one year in prison. This ground does not require the one year separation period (as it is already factored in with the sentence).
Separation is often the first step in the divorce process and can set the tone for the legal and emotional journey ahead. Whether you're considering a trial separation, legal separation, or have already separated from your spouse, it's essential to understand your rights and responsibilities during this time.
At SMITH | ASHCRAFT, we’re here to guide you through every aspect of separation, from temporary custody and support arrangements to property and debt division. With our experience and personalized approach, we’ll help you make informed decisions and prepare for the next steps in your divorce.
Contact us today to learn how we can assist you during this important transition.
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Grounds for Divorce
In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds.
Learn more about what type of divorce would best represent your situation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce. Learn more about the complexity of these agreements and how they impact your case.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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