In Virginia, legal separation is not a formal court status but a period of living separate and apart required before divorce. Under Va. Code § 20-91(9), you must live separate for six months (no minor children with a signed separation agreement) or one year (with minor children). Law Offices Of SRIS, P.C. has 14 documented results in Lexington, providing guidance through this process.
Legal Separation Lawyer Lexington, Virginia
Legal separation in Virginia is governed by Va. Code § 20-91(9), which establishes the separation period required before a no-fault divorce can be granted. You must live separate and apart from your spouse without cohabitation for six months if you have no minor children and have signed a property settlement agreement, or for one year if you have minor children. This period begins when you and your spouse begin living in separate residences with the intent to remain apart. The separation period is a prerequisite for filing for divorce on no-fault grounds. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly — official site
For the full text of the separation statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Lexington General District Court and Lexington Circuit Court, prosecutors and judges routinely expect strict compliance with separation requirements. We have observed that many cases are delayed because parties fail to properly document the start date of separation.
In our experience defending family law matters in Lexington, having a signed and notarized separation agreement before filing can significantly expedite the process.
- Establish a clear separation date with separate residences.
- Draft a full separation agreement covering all issues.
- File for divorce after the required separation period.
- Attend the uncontested divorce hearing with a corroborating witness.
- Obtain the final divorce decree from Lexington Circuit Court.
In Lexington, legal separation is a prerequisite for divorce under Va. Code § 20-91(9). The separation period ranges from six months to one year depending on your circumstances.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | Civil proceeding | None | Filing fee: ~$86 | None | 6-month separation required with signed agreement |
| No-fault divorce (with minor children) | Civil proceeding | None | Filing fee: ~$86 | None | 1-year separation required; custody and support determined |
| Fault-based divorce (adultery) | Civil proceeding | None | Filing fee: ~$86 | None | No waiting period; must prove grounds |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 14 documented case results in Lexington, with a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 14 documented results in Lexington: 1 dismissed or not guilty, 12 reduced or amended — a favorable outcome in all reported instances. Results may vary. Firm-wide, SRIS, P.C. has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Woodstock is approximately 60 miles from Lexington Circuit Court, with access via I-81 and Route 11. As a legal separation lawyer near Lexington, we serve the communities of Lexington, Buena Vista, and Rockbridge County. 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
(888) 437-7747
Frequently Asked Questions About Legal Separation in Lexington
How long does a divorce take in Lexington (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Lexington (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Lexington (City) Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces in Lexington typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Lexington, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Lexington General District Court.
The Circuit Court filing fee is approximately $86, with additional costs for service, Guardian ad Litem, and mediation.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Lexington Circuit Court (2 South Main Street, Lexington, VA 24450) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state where property is divided fairly, not necessarily equally.
How is child custody decided in Lexington, Virginia?
Custody in Lexington is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Lexington J&DR Court handles standalone custody. Lexington Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Lexington Circuit Court.
No-fault grounds require 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against legal separation charges?
Defense strategies for legal separation in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91(9) (separation requirements) to build the strongest possible defense.
What should I do if I am facing legal separation charges in Virginia?
If facing legal separation charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
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Page Last verified: April 2026. Content reflects current Virginia law and firm case results.