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Living Separate and Apart It essentially requires two things: (1) physical separation with (2) at least one party having the intent that the separation will be permanent. Physical Separation. Physical separation is usually achieved by one party moving out of the marital residence.
In Virginia, you do not have to be separated for a year before you can initiate a divorce if the basis for divorce is marital fault (though you would need to be separated for a year before the final absolute divorce can be granted).
On the other hand, to get a no-fault divorce in Virginia, you only need to prove: that youve been separated for at least a year, or. if you and your spouse dont have any minor children together AND youve both signed a Separation Agreement that youve been separated for at least 6 months.
In Virginia, you have to be separated for a full year (thats 12 months, or 365 days!) before you can get divorced unless (1) you dont have minor children, and (2) you have a signed separation agreement--then you can get divorced in six months.
There is no quick divorce in Virginia. You must be legally separated from your spouse for between 6 to 12 months (depending on children, grounds for divorce, etc.) before you can begin the divorce process. Uncontested divorces tend to be much less expensive and less time consuming than contested divorces are.
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To file for divorce on separation grounds, you must live separately for a year, with one exception. If you dont have children, Virginia will grant you a divorce after only six months. This under Code of Virginia; Title 20, Section 20-91.

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