In Fauquier County, Virginia, 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 73+ documented case results in Fauquier County. Mr. Sris personally amended Va. Code § 20-107.3.
What Is a Trial Separation Under Virginia Law?
A trial separation in Virginia is a period where spouses live apart with the intent to evaluate reconciliation or proceed with divorce. Under Va. Code § 20-91, a no-fault divorce requires living separate and apart for 6 months (no minor children with a signed separation agreement) or 1 year (with minor children). The separation must be continuous with no cohabitation. A trial separation lawyer Fauquier County can help you document the separation date and create a separation agreement that addresses property division, custody, and support during the separation period.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For trial separation specifically, the key statute is Va. Code § 20-91, which establishes the separation period requirements for no-fault divorce. Unlike a legal separation recognized in some states, Virginia does not have a formal “legal separation” decree. Instead, a trial separation is a factual period of living apart that, when properly documented, serves as grounds for divorce. A temporary separation lawyer Fauquier County can advise on how to structure this period to protect your legal rights.
- Va. Code § 20-91 (divorce grounds — official Virginia General Assembly)
- Fauquier County General District Court (official court website)
Insider Procedural Edge for Fauquier County Trial Separation
Fauquier County Circuit Court requires a corroborating witness for uncontested divorce hearings. The witness must have personal knowledge of the separation period.
Document the exact date of separation with a signed separation agreement to avoid disputes about the separation start date.
- Establish a clear separation date and move to separate residences.
- Create a written separation agreement addressing property, custody, and support.
- Document the separation with a corroborating witness who can testify.
- Maintain separate finances and avoid cohabitation during the waiting period.
- File for divorce after the required separation period is complete.
- Attend the uncontested divorce hearing with your corroborating witness.
In Fauquier County, trial separation is not a penalty but a legal prerequisite for no-fault divorce under Va. Code § 20-91.
| Issue | Legal Standard | Separation Period | Documentation Required | Court | Additional Requirements |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | Living separate and apart | 6 months | Signed separation agreement | Fauquier County Circuit Court | Corroborating witness |
| No-fault divorce (with minor children) | Living separate and apart | 1 year | Separation agreement + custody plan | Fauquier County Circuit Court | Corroborating witness |
| Fault divorce (adultery) | Proof of adultery | No waiting period | Evidence of adultery | Fauquier County Circuit Court | No separation required |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Trial Separation Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces. This amendment is a documented, real-world achievement that demonstrates deep knowledge of Virginia family law. Our team includes Samantha Rae Powers, who handles VA family law matters with 18+ years of experience.
Case Results in Fauquier County
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide, we have 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fauquier County Family Law Services
Our Fairfax Location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186), accessible via I-66 (eastern county), Route 29, Route 17, Route 28, and Route 211.
Looking for a trial separation lawyer near Fauquier County? We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Trial Separation in Fauquier County
How long does a trial separation need to be for divorce in Fauquier County?
Yes — 6 months if you have no minor children and a signed separation agreement, or 1 year if you have minor children. The separation must be continuous with no cohabitation. Fauquier County Circuit Court handles all divorce filings.
Can I date during a trial separation in Virginia?
It depends. Dating during separation does not affect the no-fault divorce timeline, but it can complicate fault-based grounds like adultery. A temporary separation lawyer Fauquier County can advise on how dating may impact your case.
Do I need a separation agreement during trial separation?
Yes — a signed separation agreement is required for the 6-month no-fault divorce option. It resolves property division, custody, and support issues. A separation before divorce lawyer Fauquier County can draft this agreement to protect your interests.
What happens if we reconcile during trial separation?
It depends. If you reconcile and resume cohabitation, the separation period resets. You must start the waiting period over if you later decide to divorce. Document any reconciliation attempts carefully.
Is mediation required before filing for divorce in Fauquier County?
No — mediation is available but not mandatory in Virginia. However, Fauquier County Circuit Court may order mediation in contested custody cases. A trial separation lawyer Fauquier County can help you prepare for mediation if ordered.
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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.