Separation Date in Divorce Cases

This guide discusses what date is considered our "official" separation date for purposes of divorce in Virginia.

1. Separation Date

   Many clients are confused as to when they are actually separated for purposes of divorce in Virginia. All of the following are considered "separation" in Virginia.

2. Moving from the Marial Residence

   When a married party removes himself or herself from the marital residence and relationship without provocation and with the intention to discontinue the marital relationship, that date will be considered the parties' separation date for purposes of a divorce.

3. Moving from Marital Residence with Provocation

   When one party conducts themselves in such as way to force the other to leave the marital home, and the person leaves with the intention to discontinue the marital relationship that date will be considered the parties' separation date for purposes of a divorce.

4. Separation within the Same Home

   When one party removes himself or herself from the marital relationship with the intention to discontinue the marital relationship within the same home, the parties are legally "separated" within the same home. This happens all the time and is more common than when people actually leave. Evidence of this may be living in different rooms, not conducted the same activates as previously, not holding themselves out to others as together. Largely however, this is a subjective standard in cases where the parties are agreeing to separate.