Separation Lawyer Virginia


Separation Lawyer Virginia

Separation lawyer in Virginia


If you are not yet ready to determine whether you and your spouse should divorce but you know that you need significant time apart from each other, you may benefit from the protections that legal separation provides. Similarly, if your beliefs or your financial circumstances will not allow you to get divorced but you no longer wish to reside with your spouse, legal separation may provide the legal solution to the challenges that you’re facing.

An experienced separation lawyer Virginia residents trust can clarify the “ins and outs” of how filing for legal separation would affect your circumstances, specifically. As you prepare to attend a risk-free consultation on the subject, it can be helpful to familiarize yourself with the basics of the process. In doing so, you may be inspired to write down any questions, concerns, and/or general thoughts that this information might spark. That way, you’ll make sure to leave your meeting with a Virginia separation lawyer from our firm armed with all the knowledge you’ll need to make informed choices about your options.

Legal Separation – The Basics

The process of legal separation functions in many of the same ways that divorce does. If you have children, you can draw up a parenting agreement and determine custody arrangements. A judge can also order child support. These orders will last for the length of your legal separation. You can mutually agree to the terms of a parenting agreement or custody. If you and your spouse have fundamental differences about these issues, a judge will rule on the sticking points.

Similarly, a judge can settle any fundamental differences that you and your spouse may have about asset division. Just like a couple does during the divorce process, a couple facing legal separation will need to determine how they’ll divide their marital property for as long as the separation will last.

The primary difference between legal separation and divorce is that, following a divorce, a couple is no longer legally married. They no longer have any ties to one another under the law. By contrast, legal separation allows a couple to remain married. They may—essentially—sever most legal and financial ties for the duration of their legal separation, but they remain married.

Some couples use legal separation as a stepping stone to divorce, while others use it as a stepping stone to reconciliation. Still others use it as an alternative to divorce when divorcing is not an option. Whatever your circumstances may be, our firm’s Virginia separation lawyer can help you to navigate this process in order to utilize its benefits to suit your needs.

Unsure? That’s Okay!

If you are unsure of whether legal separation is a good fit for your situation, that’s more than okay. Filing for legal separation is a major life transition. You don’t need to be sure about whether the process is right for you to ask our experienced Virginia legal team at May Law, LLP questions about it. Schedule a risk-free consultation today to learn more.

Get to Know May Law, LLP

The lawyers at
May Law LLP have years of training and hands-on experience in legal matters that make up family law. They have knowledge of actual legislation as well as regulations, rules, deadlines and loopholes that may help your case. They understand that some cases are out of the ordinary and often time-consuming and they are not unfamiliar with these cases they in fact take pride in their ability to navigate complex issues with dedication and the confidence that you desire from a separation lawyer in Virginia.


May Law LLP has experience in the follow family legal fields:

  • Divorce/ Separation
  • Child Custody
  • Visitation
  • Property Settlements
  • Child Support
  • Spousal Support (Alimony)
  • Fathers’ Rights
  • Pre- and Post-Nuptial (Marital) Agreements
  • Modifications of final orders due to changes in circumstance
  • Grandparents’ Rights
  • Gay & LGBT Family Law
  • Guardianship
  • Property Division
  • Relocation
  • Mediation
  • Paternity

Like most matters that go to court, family law matters are emotionally charged and can lead to heightened stress or anxiety. This might cause outbursts of anger, causing you to make decisions that are not fully considered or failed to take into account the changing realities. A separation lawyer in Virginia is going to be able to observe, comments and help you plan for life after your divorce, because it’s not affecting them on the same emotional level that it is affecting you.


You must be a legal resident of Virginia for at least six months before you may file for divorce, if there are children involved in you must be separated from your spouse for one year before filing for divorce, however if you do not have children then you can file for divorce after living separately for six months if both spouses enter a separation agreement that establishes how property will be divided after the divorce. In Virginia the person filing for divorce must have grounds for divorce, in all instances except for uncontested divorce. Adultery constitutes grounds for divorce but requires corroboration of evidence of one spouse having intimate relations with the party that is outside of the marriage. If your spouse goes to prison for at least one year than you can file for divorce on the grounds of felony. Cruelty is another ground for divorce, if your spouse is guilty of cruel tears caused reasonable apprehension of bodily hurt, bodily pain, fear of bodily harm, or bodily harm that makes living together unsafe and you can file for divorce under the Virginia state laws that have decided that cruelty is a legal form of grounds for divorce. Desertion can be filed for is a spouse has willfully deserted or abandon you. Desertion requires a spouse to willfully separate from the other spouse with no justification and the intent to remain separated permanently must be clear. Separation is the last type of grounds for divorce, and you must be separated for one year of your minor children are six months if you do not have minor children enter a separation agreement.


Reach out to May Law LLP for all of your separation law needs in Virginia.

Scroll to Top