When a couple is starting to explore the possibility of divorce, sometimes it is difficult for one party to answer the question, “Are you separated?” In Virginia, there is no “legal separation” in the sense that there is no formal court order or document that signifies the couples’ separation. Instead the term separated as it relates to Virginia domestic relations practice means the couple is living separate and apart. Judges who take a more traditional approach interpret separated to mean living in two different residences. Other judges are willing to recognize a separation within the marital residence if the parties no longer function as a married couple. The attorneys at Family Law Associates of Richmond can help you determine whether your circumstances are likely to constitute a separation.
