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Virginia Separation Agreement

A Virginia separation agreement is a contractual arrangement in which couples determine rights and obligations for a period when they no longer wish to live together but are not ready to get a divorce. Virginia couples can create contracts to address property issues but may need to pursue a divorce to address certain matters, like child custody.
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Updated June 05, 2024

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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

Sources

  1. § 20-155
  2. § 20-116
  3. § 20-97