A trial separation lawyer Lexington helps you understand how living apart affects your divorce timeline under Va. Code § 20-91. Lexington Circuit Court requires a 6-month separation without minor children or 1-year with minor children. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | Lexington General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, a trial separation is not a formal legal status but a period of living apart that can satisfy the statutory waiting period for no-fault divorce. Va. Code § 20-91 requires a separation of 6 months if you have no minor children and a signed separation agreement, or 1 year if you have minor children. During this time, you and your spouse live in separate residences with the intent to remain apart permanently. A trial separation lawyer Lexington can help you document the separation date and establish the legal framework for property division, custody, and support during this period. The separation period begins when one spouse moves out with the intent to end the marriage, and the clock stops only if reconciliation occurs. Mr. Sris, founder of the firm in 1997, brings former prosecutor insight to family law matters, having personally amended Virginia’s equitable distribution statute.
For the full text of Virginia’s divorce and separation statutes, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, visit the Lexington General District Court website.
- Establish a clear separation date by moving to a separate residence and documenting the move with a lease or utility bill in your name.
- Create a written separation agreement addressing property division, spousal support, and child custody if applicable. Both parties must sign voluntarily.
- File a complaint for divorce at Lexington Circuit Court located at 2 South Main Street, Lexington, VA 24450 after the required separation period has elapsed.
- Attend the uncontested divorce hearing with a corroborating witness who can testify to the separation period and the terms of your agreement.
- Obtain the final divorce decree from the court, which incorporates your separation agreement and dissolves the marriage.
In Lexington, a trial separation does not carry criminal penalties but affects your divorce timeline and property division rights under Virginia law.
| Issue | Classification | Separation Period | Filing Fee | Legal Impact | Additional Considerations |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | No-fault grounds | 6 months with signed separation agreement | Approximately $86 | Allows divorce filing after 6 months | Must have written agreement |
| No-fault divorce (with minor children) | No-fault grounds | 1 year | Approximately $86 | Allows divorce filing after 1 year | Child custody and support must be addressed |
| Fault-based divorce (adultery) | Fault grounds | No waiting period | Approximately $86 | Immediate filing possible | Must prove adultery with evidence |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 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 directly impacts how courts divide marital assets during separation and divorce proceedings. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, founder and managing attorney, also handles complex family law matters in Lexington. He is admitted to practice in VA, MD, DC, NJ, and NY, and brings former prosecutor experience to every case.
In Lexington, Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 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 Richmond location serves clients at Lexington courts (2 South Main Street). The Richmond office is accessible via I-81 and I-64. We serve the Lexington community including Virginia Military Institute and Washington and Lee University areas. A trial separation lawyer Lexington is available near the Lexington courthouse.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a trial separation need to last before I can file for divorce in Lexington?
Yes. Virginia requires a 6-month separation if you have no minor children and a signed separation agreement, or 1-year separation if you have minor children. The separation period begins when you start living apart with intent to end the marriage.
Can I date during a trial separation in Virginia?
It depends. Dating during separation can affect your divorce. If you engage in sexual relations with someone else, your spouse may file for divorce on grounds of adultery, which has no waiting period. Adultery can also impact spousal support and property division.
Do I need a separation agreement during a trial separation in Lexington?
Yes. A written separation agreement is strongly recommended. It documents the terms of your separation including property division, spousal support, and child custody. A signed agreement also allows you to file for divorce after only 6 months if you have no minor children.
What happens to our house during a trial separation in Lexington?
It depends. The marital home is subject to equitable distribution under Va. Code § 20-107.3. During separation, you can agree on who lives in the home. The court will divide the home’s value fairly but not necessarily equally when you divorce. Mr. Sris personally amended this statute.
Can a trial separation be used as grounds for divorce in Virginia?
Yes. Living separate and apart without cohabitation for the required period is the most common no-fault ground for divorce in Virginia. The separation must be continuous and with the intent to remain apart permanently. Brief reconciliation attempts may restart the clock.
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.