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Living Separate & Apart - Virginia Divorce

CHANGE IN LAW: A WITNESS IS NO LONGER REQUIRED TO VERIFY THAT YOU HAVE BEEN LIVING SEPARATE AND APART. In July 2020, Virginia got rid of this requirement. You are no longer required to provide a witness (usually by affidavit, and not in person) to verify that you and your spouse have been living separate and apart. This makes things easier for divorcing couples. To get divorced in Virginia, you must live “separate and apart” for 12 months or more (6 months if you have no minor children). In this video I list the court’s criteria for living separate and apart while you are under the same roof. Virginia does not make the rules clear; but this video will help you determine whether you can check most of the boxes that the courts are looking for. Many divorcing couples cannot check all of the boxes, but they still manage to get divorced all the time in Virginia. Another important takeaway from this video is that people contemplating or planning a divorce are much better off focusing on their settlement. Not their divorce. The settlement agreement divides and distributes all assets and debts, determines all matters of child custody, and sets the child and spousal support/alimony amounts. Your signed settlement agreement is enforceable in a court of law. It rules. Though your legal divorce has a strong emotional component, it does not change the terms of your settlement. Twitter: @GraineMediation Pinterest: @RobinGraine Should I Get a Divorce Quiz?: https://www.grainemediation.com/shoul... Helpful Blogs: Living Separate and Apart Requirements: https://www.grainemediation.com/2019/... How Long do You Have to Separated in Virginia?: https://www.grainemediation.com/2020/... What is a Property Settlement Agreement in VA Divorce?: https://www.grainemediation.com/2018/...