Norfolk, VA asked in Divorce for Virginia

Q: Do you need a separation agreement to get divorced with in 6 months if both parties agree to the divorce?

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1 Lawyer Answer

Steve Miyares

Answered
  • Norfolk, VA
  • Licensed in Virginia

A: You do not have to have a separation agreement. However, unless you are getting a divorce based on one of the fault based grounds specificed in the Code of Virginia, your divorce would be based on having been separated for a legally defined period of time. If there are no children in the marriage, the parties must be separated at least 6 months. The parties must be separated at least 12 months if there are minor children in the marriage.

You should consult with an experienced attorney about the specific facts amd circumstances of your situation to figure out the best options for your case and to advise you anoit your rights in the process.

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