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Under Virginia law, married people are financially responsible for each other - the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesn't stop simply because the couple separates.
To get a separate maintenance decree in Virginia, you have to show the other spouse is the cause of the end of your relationship. Fault can be caused by a spouse deserting the marriage or from physical harm.
No. However, as many Virginia divorce attorneys will tell you, it is an excellent idea for you and your spouse to have signed a written separation agreement when the two of you decide to separate, and certainly before anyone moves out of the house.
Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months.
Virginia, unlike many other states, does not recognize ?separation? as a legal status in a no-fault divorce. Therefore, there is no special designation that you need from the court in order to be legally separated before you seek a divorce.
In Virginia, there is no such thing as a legal separation. One person in the marriage simply decides they want to be separated and in the court's eyes, you are separated. There is no filing of paperwork, no procedures to follow, basically, nothing needs to happen ?legally? to become separated in Virginia.
To legally separate, there are no forms to fill out. There is nothing that must be filed with the court. You just have to meet the two criteria ? (1) intend to end the marriage, and (2) not cohabitating. Once those two things exist, you're separated.