A trial separation in Arlington County requires a written separation agreement to protect your rights. Under Va. Code § 20-91, a 6-month separation is required before filing no-fault divorce. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
A trial separation in Virginia is not a formal legal status but a period during which spouses live apart with the intent to reconcile or eventually divorce. Virginia law does not recognize “legal separation” as a distinct marital status. Instead, the separation period serves as grounds for no-fault divorce under Va. Code § 20-91. During this time, a written separation agreement can address property division, spousal support, child custody, and child support. The agreement becomes binding once signed by both parties. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division during divorce proceedings in Virginia.
For official legal references, consult the Virginia General Assembly code for Va. Code § 20-91 and the Arlington County General District Court website for local court procedures.
Arlington County Circuit Court handles all divorce and equitable distribution matters. A trial separation agreement should be drafted before moving out to protect your legal rights. The court requires at least one corroborating witness for an uncontested divorce hearing.
- Consult with a trial separation lawyer Arlington County to review your financial situation.
- Draft a written separation agreement covering property, support, and custody.
- Both parties sign the agreement in front of a notary public.
- Begin the 6-month separation period if no minor children are involved.
- File for divorce at Arlington County Circuit Court after the separation period ends.
- Attend the uncontested divorce hearing with your corroborating witness.
In Arlington County, a trial separation carries no criminal penalties but failure to formalize terms can result in financial loss during divorce proceedings.
| Issue | Legal Standard | Impact | Timeframe | Cost | Additional Notes |
|---|---|---|---|---|---|
| Separation Period | 6 months (no minor children) or 1 year (with minor children) | Required before no-fault divorce filing | 6-12 months | None | Must live separate and apart without cohabitation |
| Separation Agreement | Written contract | Binds both parties on property, support, custody | 2-4 weeks to draft | $500-$2,000 | Must be notarized |
| Equitable Distribution | Va. Code § 20-107.3 | Fair division of marital property | At divorce filing | Varies | 11 factors considered by court |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ total case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorce cases. This amendment directly impacts how trial separation agreements are interpreted by Arlington County courts. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and the District of Columbia.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is located at 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209, near the Arlington County Courthouse area, accessible via I-395 and Route 50. We serve clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a trial separation lawyer near Arlington County, we are here to help.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
How long does a trial separation last in Arlington County, Virginia?
It depends. Virginia law requires a 6-month separation if no minor children are involved and both parties sign a separation agreement. With minor children, the separation period is 1 year. The trial separation can last longer if both parties agree.
Do I need a written separation agreement during a trial separation in Arlington County?
Yes. A written separation agreement is strongly recommended to protect your rights regarding property division, spousal support, child custody, and child support. Without a written agreement, the court will apply Virginia’s equitable distribution laws under Va. Code § 20-107.3.
Can a trial separation affect child custody in Arlington County?
Yes. During a trial separation, the parent who has primary physical custody may establish a status quo that the court considers in future custody decisions. Arlington County J&DR Court handles standalone custody matters based on the best interests of the child under Va. Code § 20-124.3.
Is a trial separation the same as legal separation in Virginia?
No. Virginia does not recognize “legal separation” as a formal marital status. A trial separation is simply a period of living apart with the intent to reconcile or eventually divorce. The separation period serves as grounds for no-fault divorce under Va. Code § 20-91.
How much does a trial separation agreement cost in Arlington County?
It depends. Drafting a separation agreement typically costs between $500 and $2,000 depending on complexity. Additional costs include notary fees and potential mediation fees of $100-$300 per hour per party. Circuit Court filing fee for divorce is approximately $86.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.