My spouse and I just separated. Do I need to file for "legal separation?"
A: Virginia law does not have a statutory designation or category for people who are living in a state of separation from their spouses. The state of "legal separation" is commonly used to describe spouses who are no longer living together, where at least one of them has formed the intention to be permanently separated. But living in a state of separation does not itself confer any particular legal status beyond possibly giving one or both of the parties a ground to seek relief from the court--such as possible a divorce, spousal support, child custody, and child support, among others.
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Rinehart, Butler, Hodge & Moss, PLC
1259 Courthouse Road
Suite 105
Stafford, Virginia 22554
Phone: 540-659-2184
Fax: 540-659-8143
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