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Elizabeth City, NC 252-679-8880
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Blog

Legal Separation & Divorce Are Not The Same Thing, And Knowing The Difference Is Important If You’re Planning To Divorce

December 31 Categorized: Family Law

Legal Separation vs Divorce

When a couple is separated, it means that one, or both of them, have made the conscious decision to separate and remain separated permanently. However, they remain legally married while separated.

There are no procedural steps that need to be taken to legally separate, but there are conditions that must be sustained for the separation to be recognized by the courts. 

Knowing what is recognized by the state as a separation is important because in many divorce cases, it is required that the couple be separated before they can file for a no-fault divorce. If the marriage has produced children, then the couple is required to be separated for one year before filing. If there are no children involved, then they only have to wait six months so long as they have an agreement resolving all of the issues.

CONTACT OUR EXPERIENCED VIRGINIA FAMILY LAW ATTORNEYS

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If a couple has been separated and one spouse seeks to file for a divorce immediately, it can only be filed if it is based on a fault ground (i.e. adultery, felony, cruelty, or desertion/abandonment).

Living Requirements for Legal Separation

To be considered separated, the law requires that a couple take certain actions including, but not limited to:

  1. Living in separate residences.
  2. Sleeping in separate beds.
  3. Separating their finances.
  4. Avoid doing things together (e.g. eating together, shopping, buying groceries for one another, etc.)
  5. Avoid sexual contact and intimacy.
  6. Stop wearing wedding rings.

If you separate and must continue to reside under the same roof for financial reasons or otherwise, see our “Separate In Same Household” checklist by visiting this link.

Because couples must be separated for a period of time before a divorce can be granted, it is important that both spouses understand what counts as being separated under the law. If the requirements are not met, then the period in question will not count as time separated which can cause more unwanted tension in an already delicate time.

Contact Our Experienced Virginia Attorneys Today With Your Family Law Questions

Call 757-453-7744 or fill out this short form to get started. 


Visit these links for related information

Divorce in Virginia
Duty, Deployment, Divorce: The Family Law Guide For Military Members and Their Dependents
Four Questions You Should Ask Your Divorce Attorney

Kellam T. Parks

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Parks Zeigler, PLLC
Virginia Beach Office

  • 4768 Euclid Road, Suite 103
    Virginia Beach, Virginia 23462-3810
  • 757-453-7744
  • 757-453-7578
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Parks Zeigler, PLLC
Chesapeake Office

  • 524 Albemarle Drive, Suite 200
    Chesapeake, Virginia 23322-5500
  • 757-312-0211
  • 757-453-7578
Directions

Parks Zeigler, PLLC
Roanoke OFFICE

  • 25 Church Ave SW
    Roanoke, Virginia 24011-2010
  • 540-299-5299
  • 540-299-5295
Directions

Parks Zeigler, PLLC
Elizabeth City Office

  • 201 East Elizabeth Street
    Elizabeth City, NC 27209
  • 252-679-8880
  • 252-254-1380
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