Virginia law dictates specific requirements regarding separation prior to filing for divorce. The necessity of a period of separation depends primarily on the grounds for divorce cited in the divorce complaint. If the divorce is sought on fault-based grounds, such as adultery or cruelty, a period of separation may not be required. However, if the divorce is sought on no-fault grounds, a period of separation is generally mandatory.
The separation requirement serves as a period for parties to reflect on the marriage and explore reconciliation possibilities. This waiting period also provides a legal framework for documenting the irretrievable breakdown of the marriage, which is a critical element in a no-fault divorce. Historically, the concept of separation before divorce reflected societal values emphasizing marital stability, even when irreconcilable differences existed. The duration of required separation varies based on circumstances; for couples with no minor children and a signed separation agreement, it is typically six months, while for those with minor children, it is typically one year.
