In Arlington County, Virginia couples must meet specific separation requirements under Va. Code § 20-91 before filing for divorce. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Separation Lawyer Arlington County can help you draft a legally binding separation agreement that protects your rights.
Under Virginia law, legal separation is not a formal court status but rather a period of living separate and apart with the intent to remain separated. Va. Code § 20-91 establishes the grounds for divorce based on separation: six months if you have no minor children and a signed separation agreement, or one year if you have minor children. A legal separation agreement lawyer Arlington County can draft a property settlement agreement that addresses asset division, spousal support, and child-related matters during the separation period. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how marital property is divided upon divorce.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the official text of Virginia’s divorce and separation statutes, visit the Virginia Code Title 20 (Domestic Relations). For court procedures and forms, see the Arlington County General District Court website.
Arlington County Circuit Court handles all divorce and equitable distribution matters. The court requires at least one corroborating witness for an uncontested divorce hearing. A properly drafted separation agreement can resolve all issues without trial.
- Separate from your spouse with the intent to remain apart permanently.
- Draft a written separation agreement addressing property division, spousal support, and child custody if applicable.
- Both parties sign the agreement voluntarily, preferably with independent legal counsel.
- Wait the required separation period: six months (no minor children with signed agreement) or one year (with minor children).
- File for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400.
- Present your signed separation agreement to the court for incorporation into the final divorce decree.
In Arlington County, legal separation does not carry criminal penalties but affects your financial and parental rights. The table below outlines the legal consequences of separation without a formal agreement.
| Issue | Without Agreement | With Separation Agreement |
|---|---|---|
| Property Division | Court decides under Va. Code § 20-107.3 | Parties control outcome |
| Spousal Support | Court determines based on 13 factors | Parties agree on amount and duration |
| Child Custody | Court applies best interests standard | Parties propose parenting plan |
| Child Support | Court applies Virginia guidelines | Parties can agree but court reviews |
| Timeline to Divorce | 6-12 months separation required | 6 months with signed agreement |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces. This amendment directly impacts how separation agreements address marital assets in Arlington County. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 115 total documented case results in Arlington County across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is near the Arlington County Courthouse at 1425 N. Courthouse Rd, accessible via I-395 and Route 50. If you are searching for a marital separation lawyer Arlington County near you, we serve clients throughout Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
How long do I need to be separated before filing for divorce in Arlington County?
Yes, Virginia requires a separation period. Six months if you have no minor children and a signed separation agreement. One year if you have minor children. The clock starts when you begin living separate and apart with intent to remain apart.
Do I need a written separation agreement in Virginia?
No, a written agreement is not legally required, but it is strongly recommended. A signed separation agreement allows you to file for divorce after six months instead of one year. It also gives you control over property division and support terms rather than leaving them to a judge.
Can I date while separated in Virginia?
It depends. Dating during separation does not affect no-fault divorce grounds, but it can complicate fault-based grounds like adultery. Dating may also impact custody determinations if the court views it as affecting the child’s best interests. Consult a Separation Lawyer Arlington County before dating.
What happens if my spouse refuses to sign a separation agreement?
You can still proceed with divorce. Without a signed agreement, you must wait the full one-year separation period if you have minor children. The court will then decide property division, support, and custody at trial. A legal separation agreement lawyer Arlington County can negotiate on your behalf.
Is mediation required before divorce in Arlington County?
No, mediation is not mandatory in Virginia. However, Arlington County Circuit Court may refer cases to mediation, especially when custody or complex property issues are involved. Mediation costs $100-$300 per hour per party and can help resolve disputes without trial.
For more information about family law in Virginia, visit our Virginia Family Law Lawyer hub page. If you are in a nearby locality, see our Alexandria Family Law Lawyer page. For other legal needs in Arlington County, consider our Arlington County Criminal Defense Lawyer or Arlington County DUI Lawyer.
Learn more about our Arlington County family law attorney Samantha Powers and our Arlington location.
Last verified: April 2026. Information updated as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.