If you watch enough television, you’ll find the term “separated” casually thrown around as a prelude to divorce, which might make one believe that it is some kind of legal term or procedure. While it is true that Virginia divorce law includes the term “separate and apart” in § 20-91, there is no such thing as a state of “legal separation.” If you are seeking a divorce, there is no need to sign anything memorializing the separation from your spouse. Just remember that you need to stay “separate and apart” for the prescribed time.
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