In Stafford County, a trial separation is not a legal status but a period of living apart under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 119 documented case results in Stafford County. A trial separation lawyer Stafford County can help you handle the requirements for a no-fault divorce.
Last verified: April 2026 | Stafford County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law does not recognize a legal status called “trial separation.” Instead, the period of separation is a key requirement for a no-fault divorce. Under Va. Code § 20-91, you must live separate and apart without cohabitation for a specific period. For couples without minor children and with a signed separation agreement, the required period is six months. For couples with minor children, the required period is one year. A trial separation lawyer Stafford County can advise you on how to document this period correctly to ensure it counts toward your divorce timeline.
For more information, review the official statute: Va. Code § 20-91 (official Virginia General Assembly). For court procedures, visit the Stafford County General District Court website.
- Establish a Date: Choose a definitive date to begin living apart. This is your date of separation.
- Create a Written Agreement: Draft a separation agreement addressing property, debt, and support. This is not required but is strongly recommended.
- Live Separate and Apart: Maintain separate residences. Occasional visits or shared meals do not reset the clock, but cohabitation does.
- Document the Period: Keep records of your separate addresses, utility bills, and any communication showing you lived apart.
- File for Divorce: After the required period (6 months or 1 year), file a complaint for divorce in Stafford County Circuit Court.
In Stafford County, a trial separation is a procedural step, not a penalty. The consequences relate to the divorce timeline and property division.
| Issue | Requirement | Impact |
|---|---|---|
| Separation Period (No Minor Children) | 6 months | Allows filing for no-fault divorce |
| Separation Period (With Minor Children) | 1 year | Allows filing for no-fault divorce |
| Written Separation Agreement | Not required, but beneficial | Speeds up divorce; avoids trial |
| Cohabitation During Separation | Prohibited | Resets the separation clock |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Law Offices Of SRIS, P.C. has 119 total documented case results across all practice areas in Stafford County, with a 100% favorable outcome rate. These results include dismissals and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Stafford County courts (1300 Courthouse Road), accessible via I-95, Route 1, and Route 17. We serve Stafford, Aquia Harbour, and Brooke.
Trial separation lawyer near Stafford County.
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Yes. A trial separation is a period of living apart that can satisfy the separation requirement for a no-fault divorce in Virginia.
Does a trial separation count toward the divorce timeline in Stafford County?
No. Virginia is an equitable distribution state. Marital property is divided fairly, not necessarily 50/50, based on factors in Va. Code § 20-107.3.
Is Virginia a community property state?
It depends. If you have no minor children and a signed separation agreement, the period is 6 months. If you have minor children, the period is 1 year.
How long do I need to be separated before filing for divorce in Stafford County?
No. A written separation agreement is not required by law, but it is strongly recommended. It can resolve property, debt, and support issues, making the divorce faster and less expensive.
Do I need a written separation agreement during a trial separation in Stafford County?
No. Cohabitation during the separation period will reset the clock. You must live separate and apart without cohabitation for the entire required period.
Can I live with my spouse during a trial separation in Stafford County?
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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 updated guidance.