Blog Post
Fairfax Separation Lawyer: Protect Yourself Before Divorce
2/8/2026
Separation is often the first legal step toward divorce in Virginia—but it’s also an opportunity to protect your finances, parenting rights, and peace of mind. At Fairfax Divorce Lawyers, we guide clients through this transitional period with clarity, strategy, and compassion.
Even before filing for divorce, the decisions you make during separation can have a lasting impact on child custody, property division, support, and your overall legal rights. With expert guidance, you can navigate this process intentionally, safely, and effectively.
Understanding Separation in Virginia
Unlike some states, Virginia does not have a formal legal separation process. There is no official court order, certificate, or filing required. Yet separation carries real legal significance, particularly when divorce is the next step.
What Separation Looks Like
Separation begins when spouses stop living together as a married couple with the intent to end the marriage.
You don’t necessarily need to move out—many couples live under the same roof during separation.
What matters is that each spouse lives separately and independently, managing finances, meals, and daily routines apart.
Both parties must understand that the marriage is over, not just taking a temporary break.
Why Separation Matters
Virginia law requires a period of separation before a no-fault divorce:
12 months if minor children are involved
6 months if no minor children exist and a signed separation agreement is in place
The clock only starts when separation is both physical and intentional.
Proper documentation ensures your separation is recognized legally and prevents delays in divorce proceedings.
The Irving Law Firm – Fairfax Divorce Lawyers
10505 Judicial Drive Suite 300
Fairfax, VA 22030
(571) 474-1990
https://www.FairfaxDivorceLawyers.com/