In Augusta County, Virginia, a trial separation is a period of living apart that can satisfy the 6-month or 1-year separation requirement for no-fault divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. A Trial Separation Lawyer Augusta County can help you structure this time to protect your rights.
What Is a Trial Separation Under Virginia Law?
Virginia law does not recognize a legal separation decree. Instead, a trial separation is a period where spouses live separately with the intent to reconcile or eventually divorce. Under Va. Code § 20-91, a no-fault divorce requires living separate and apart for 6 months (if no minor children and a signed separation agreement exists) or 1 year (if minor children are involved). A Trial Separation Lawyer Augusta County can advise you on how to document this period properly.
Last verified: April 2026 | Augusta County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
- Va. Code § 20-107.3 (Equitable Distribution — official Virginia General Assembly)
- Augusta County General District Court (official court website)
Insider Procedural Edge: Structuring Your Trial Separation in Augusta County
Augusta County Circuit Court requires a corroborating witness for uncontested divorce hearings. During a trial separation, you should create a written separation agreement that addresses property division, spousal support, and child-related matters. This agreement can later become the basis for your divorce decree.
- Establish separate residences and document the date you began living apart.
- Draft a written separation agreement covering property, debts, and support.
- File a pendente lite motion if temporary support or custody is needed.
- Attend mediation if disputes arise over the separation terms.
- File for divorce after the required separation period is complete.
- Present your signed separation agreement and corroborating witness at the final hearing.
In Augusta County, family law matters involve equitable distribution of marital property, child support calculated under Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Legal Standard | Timeline | Court | Key Statute | Additional Notes |
|---|---|---|---|---|---|
| Divorce (No-Fault) | 6-month or 1-year separation | 2-4 months (uncontested) | Augusta County Circuit Court | Va. Code § 20-91 | Requires corroborating witness |
| Child Custody | Best interests of the child | Varies | Augusta County J&DR Court | Va. Code § 20-124.3 | 10 factors considered |
| Equitable Distribution | Fair division, not 50/50 | 9-18 months (contested) | Augusta County Circuit Court | Va. Code § 20-107.3 | 11 factors; Mr. Sris amended this statute |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Augusta County Family Law Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. This achievement gives our firm unique authority in Augusta County family law matters. Our firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate.
Secondary Attorney: Mr. Sris, Owner & CEO, Managing Attorney. Former prosecutor. Founded firm 1997. Personally amended Va. Code § 20-107.3. Bar admissions: VA, MD, DC, NJ, NY.
Augusta County Case Results
Law Offices Of SRIS, P.C. has 13 total documented case results in Augusta County across all practice areas, with a 100% favorable outcome rate. These results include traffic and family law matters. Firm-wide, we have 4,739+ documented case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Augusta County Location
Our Shenandoah/Woodstock Location serves clients at Augusta County courts (6 East Johnson Street). We are accessible via I-81, I-64, Route 11, Route 250, and Route 340. We serve Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Looking for a temporary separation lawyer Augusta County or a separation before divorce lawyer Augusta County? We can help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Trial Separation in Augusta County
How long do I need to live separately for a trial separation in Augusta County?
Yes. Virginia requires 6 months of separation if you have no minor children and a signed separation agreement, or 1 year if you have minor children. The separation period must be continuous.
Can I date during a trial separation in Augusta County?
It depends. Dating during separation can affect spousal support and may be considered adultery if you have not yet filed for divorce. Adultery is a fault ground for divorce with no waiting period.
Do I need a separation agreement during a trial separation in Augusta County?
Yes. A written separation agreement is strongly recommended. It documents the terms of your separation, including property division, debt allocation, and support. This agreement can later be incorporated into your divorce decree.
What happens to our house during a trial separation in Augusta County?
It depends. The marital home is subject to equitable distribution under Va. Code § 20-107.3. You can agree on who stays in the home during separation. The court will divide the home’s value fairly at divorce.
Can a trial separation lead to reconciliation in Augusta County?
Yes. A trial separation is designed to give couples time and space to decide whether to reconcile or divorce. If you reconcile, the separation period resets, and you cannot use that time toward the divorce waiting period.
How much does a trial separation cost in Augusta County?
It depends. Costs include attorney fees for drafting a separation agreement ($1,500-$5,000), mediation ($100-$300/hour per party), and potential Guardian ad Litem fees ($500-$2,500+) if children are involved. Circuit Court filing fees are approximately $86.
Related Legal Services
- Virginia Family Law Lawyer
- Shenandoah County Family Law Lawyer
- Rockingham County Family Law Lawyer
- Augusta County Criminal Defense Lawyer
- Augusta County DUI Lawyer
- Shenandoah/Woodstock Office Location
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.