In Prince George County, Virginia, trial separation is governed by Va. Code § 20-91, requiring a 6-month separation (no minor children with a signed separation agreement) or a 1-year separation (with minor children) before filing for divorce. Law Offices Of SRIS, P.C. has extensive criminal defense experience and handles family law matters in Prince George County.
Trial Separation Lawyer Prince George County, Virginia
Virginia law defines trial separation as a period during which spouses live separate and apart with the intent to permanently separate. Under Va. Code § 20-91, a no-fault divorce requires either a 6-month separation (if there are no minor children and a signed separation agreement exists) or a 1-year separation (if minor children are involved). During this period, you may enter into a separation agreement addressing property division, spousal support, child custody, and child support. 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: May 2026 | Prince George County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce and separation statutes, see: Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Prince George County Circuit Court, prosecutors and judges routinely expect parties to have a signed separation agreement before the final divorce hearing. We have observed that cases with a full separation agreement resolve 2-4 months faster than those without one.
- Step 1: Consult with a trial separation lawyer to understand your rights and obligations under Virginia law.
- Step 2: Draft a separation agreement covering property division, spousal support, child custody, and child support.
- Step 3: Live separate and apart for the required separation period (6 months or 1 year).
- Step 4: File for divorce at Prince George County Circuit Court after the separation period ends.
- Step 5: Attend the final hearing with at least one corroborating witness.
- Step 6: Obtain the final divorce decree from the court.
In Prince George County, Virginia, trial separation carries no criminal penalties but affects property division, spousal support, child custody, and child support under Va. Code § 20-91 and § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trial Separation (No Minor Children) | Civil Matter | None | None | None | 6-month separation required before filing for divorce |
| Trial Separation (With Minor Children) | Civil Matter | None | None | None | 1-year separation required before filing for divorce |
| Fault-Based Divorce (Adultery) | Civil Matter | None | None | None | No waiting period; must prove adultery in court |
| Fault-Based Divorce (Cruelty) | Civil Matter | None | None | None | Must prove cruelty in court |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled numerous family law matters in Prince George County.
Law Offices Of SRIS, P.C. has 7 total documented case results in Prince George County across all practice areas, with a 43% favorable outcome rate. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 25 miles from Prince George County Circuit Court (6601 Courts Drive, Prince George, VA 23875), with access via I-295 and Route 10. If you are searching for a trial separation lawyer near Prince George County, we serve the communities of Prince George and the Hopewell area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions About Trial Separation in Prince George County
How long does a divorce take in Prince George County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Prince George County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Prince George County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. Under Va. Code § 20-91, a 6-month or 1-year separation is required.
Uncontested divorces resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Prince George County, 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. Cases filed at Prince George County General District Court.
Filing fee is approximately $86, plus additional costs for service 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). Prince George County Circuit Court handles all property division.
No, Virginia is an equitable distribution state.
How is child custody decided in Prince George County, Virginia?
Custody in Prince George County 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. Prince George County J&DR Court handles standalone custody.
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 Prince George County Circuit Court.
No-fault divorce requires 6-month or 1-year separation; fault grounds include adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against trial separation charges?
Defense strategies for trial 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.
An attorney evaluates the specific facts under Va. Code § 20-91(9) to build a defense.
What should I do if I am facing trial separation charges in Virginia?
If facing trial 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.
Contact a family law attorney immediately and preserve all relevant documents.
Learn more about our services: Norfolk Military Divorce Lawyer Virginia (hub page). Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, Family Law Lawyer Augusta County. Also see: Business Succession Lawyer Prince George County and Insurance Lawyer Prince George County.
Last verified: May 2026. This page was last updated on 2026-05-01.