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Separation: If you and your spouse have been living separate and apart, without any cohabitation and with the intent that the separation remains permanent, for more than one year, you can be granted a divorce from the bonds of matrimony.
If you and your spouse do not have children, or no minor children, and have entered into a Property Settlement Agreement that resolves all property, support, and other issues, then the time period required before filing for divorce is reduced from one year to six months.
Either party that is granted a divorce from bed and board may ask the Court to “merge” the decree into a divorce from the bonds of matrimony after at least one year from the date of separation.
In Virginia, you must have a ground or grounds for divorce and the party seeking the divorce must prove the ground(s) to the Court.
"Separation" in Virginia, also known as "living apart," occurs when a couple stops living together as husband and wife.
The no-fault grounds of divorce that are available in Virginia are an intentional, permanent separation which is continued without interruption for one year, or for six months if there is a complete Separation Agreement and there are no minor children.They also sometimes file for them while waiting to get grounds for a regular divorce.If the Agreement was drafted by your spouse, your spouse's lawyer, or even by a mediator or lawyer/mediator who was hired by both spouses, you should have your own lawyer review it before you sign it.Willful desertion or abandonment: desertion is a breaking off of the marriage cohabitation and the intent to desert is required.If one spouse leaves the marital home because the other has committed acts that amount to cruelty, then the spouse that leaves is not guilty of desertion.