Is a Separation Agreement Legal in Virginia?
Yes, spouses can create their own agreements settling property rights. While Virginia technically does not recognize legal separation, a spouse can petition a court for a very similar process known as “divorce from bed and board” or separate maintenance, which results in a court order over property and support issues.[1][2]
Legal Separation Requirements
- Filing Fee: $86 (Separate Maintenance)
- Residency: At least one of the spouses must have resided in the state for at least six months leading up to the filing.[3]
- Where to File: With the Circuit Court for the county where either spouse resides.
Sample