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Before you can divorce in Virginia, at least one of the parties has to have lived in the state for at least six full months before filing. In the complaint, you will be swearing, under penalty of perjury that you meet this requirement and may be required to prove it in court. The easiest way to prove your residency in a state is to use your driver's license or state-issued identification card and voter registration. Utility bills or rental receipts showing your address in Virginia can also be used as proof of residency. If you are member of the armed forces and have been stationed outside of Virginia, but resided in Virginia for at least six months before deployment, you can used your prior residency to qualify to divorce in Virginia. The same documents that can be used to establish residency in the state can also be used to establish separation. Both spouses need a separate address and be prepared to prove it to the court. Living in different sections of the marital residence will not count toward your separation waiting period. The most common grounds for divorce in Virginia is separation, often called a no-fault divorce. The sooner you are no longer living together, the sooner the court can finalize your divorce. If you do not have children under the age of 18, you must be living "separate and apart" for a minimum of six calendar months. If you have minor children, you must be living "separate and apart" for a minimum of one calendar year. This document can be as simple or complicated as it needs to be depending on the property owned by the couple. If there are no children, the agreement needs to divide the marital property and deal with the marital debt. The legal standard is equitable distribution. This doesn't mean 50/50, it means fair to both parties. Even though you can't formally transfer ownership of property until the divorce is complete, each party should assume responsibility for their own credit cards, vehicles, rent, and mortgages. If one party is going to contribute financially to the other, it should be spelled out in writing. This agreement can be changed in the final divorce. Right now, the agreement is to get you through the separation period. Virginia allows for unbundled legal services, meaning you can hire an attorney to take your notes and draft a separation agreement for both parties to sign. The attorney can only give general legal advice on form and content. He does not represent either party. If you have young children, you need to draft an agreement, with the help of an attorney if necessary, saying where your children will live, a schedule for visits and holidays, and payment of temporary support. The state provides an online calculator to estimate child support during the separation period. In the final divorce decree, the legal standard is the best interests of the child. The court expects both parents to contribute to the financial, physical, and emotional support of their children. Establishing a pattern of communication and cooperation during the separation period is likely going to mean less judicial scrutiny and interference in your proposed custody and visitation agreements.
Meet the residency requirements. Establish separate addresses. Create a separation agreement. Create a temporary child custody agreement.