Trial Separation Lawyer Near Me
If you and your spouse are considering time apart, a trial separation can be an opportunity to assess the relationship without immediately pursuing a divorce. In Virginia, a separation also serves as the foundation for a no‑fault divorce, making the way you structure the separation critically important for any future family law matter. Mr. Sris and the firm’s Of Counsel attorneys represent clients in the Roanoke area and throughout the Commonwealth, helping them understand how Virginia law treats trial separation and what steps protect their rights during this period. To discuss your situation, call Law Offices Of SRIS, P.C. at (888) 437‑7747 for a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Trial Separation Means in Virginia
Virginia does not use the term “trial separation” in its divorce statutes, but the concept is well‑known: a period during which spouses live apart to decide whether to continue the marriage. Under Virginia law, the length and circumstances of the separation carry significant legal weight because they determine when a spouse may file for a no‑fault divorce. The separation requirements are found at Va. Code § 20‑91, which the firm applies when advising clients on how to structure a separation that will support their long‑term goals, whether that is reconciliation or an eventual divorce.
For a no‑fault divorce based on separation, Virginia law requires a separation of at least one year, or six months if the couple has no minor children and has entered into a signed separation agreement (Va. Code § 20‑91(9)).
Source: Va. Code § 20‑91. Virginia Code Title 20, Chapter 6
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Because the separation period must be continuous and uninterrupted, it is important to be mindful of actions that could reset the clock—such as cohabitation or failing to maintain separate residences. Mr. Sris and the firm’s Of Counsel attorneys work with clients to establish a clear separation date and to document the arrangement so that any later divorce filing proceeds smoothly. The firm serves individuals in Roanoke, Salem, Botetourt County, and the surrounding areas; appointments are available by phone or at its Fairfax location.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Trial Separation Cases
When a client is considering a trial separation, the firm begins with a consultation to review the client’s objectives. If the goal is to preserve the option of a no‑fault divorce, the attorney explains the statutory requirements and helps the client decide whether to enter into a written separation agreement. A separation agreement can address property division, spousal support, and other issues, and it can also satisfy the six‑month separation requirement when no minor children are involved. Because an agreement is a binding contract, careful drafting is essential.
In many cases, a trial separation raises immediate practical concerns: who will live in the marital home, how bills will be paid, and how time with children will be shared. Mr. Sris and the firm’s Of Counsel attorneys assist in negotiating temporary arrangements and, when necessary, in seeking pendente lite orders from the Circuit Court to address support, custody, or exclusive use of the home pending a final resolution. Throughout the process, the focus remains on positioning the client to achieve a favorable outcome, whether the separation ultimately leads to divorce or to reconciliation.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm was established in 1997. A former prosecutor, he brings substantial courtroom experience to separation and divorce matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys work alongside Mr. Sris on family law cases, contributing extensive combined legal experience to matters involving trial separation, custody, and support. They appear in courts across the Commonwealth, including in the Roanoke Valley, and focus on protecting clients’ interests during sensitive domestic transitions.
Frequently Asked Questions
What is a trial separation in Virginia?
A trial separation is an informal period during which spouses live apart to decide whether to continue the marriage. Virginia does not have a separate court procedure for a “trial separation,” but the time spent living apart can later be used to satisfy the separation requirement for a no‑fault divorce. To protect the separation period, the spouses should maintain separate residences and avoid behavior that suggests the marriage has resumed.
Do I need a lawyer for a trial separation?
You are not required to hire a lawyer for a trial separation, but legal advice helps you avoid mistakes that could delay a future divorce. An attorney can explain how to document the separation, draft a separation agreement that protects your financial and parental rights, and address immediate concerns such as temporary support or custody. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
How long does a trial separation need to last in Virginia?
The length depends on whether you plan to use the separation as the ground for a no‑fault divorce. Under Va. Code § 20‑91, a divorce based on separation requires at least one year of living apart, or six months if there are no minor children and the spouses have signed a separation agreement. A shorter trial separation does not by itself create a right to a divorce but can be the starting point if the spouses later decide to proceed.
Can my spouse and I reconcile during a trial separation?
Yes, spouses can reconcile at any time before a final divorce decree is entered. If you resume living together as a married couple, the separation period will be interrupted and may have to start over if you later seek a no‑fault divorce based on separation. The firm can help you evaluate how any reconciliation might affect your legal position.
What happens if I move out during a trial separation?
Moving out establishes one of the partners’ separate residences, which can mark the beginning of the separation period. It is important to discuss any move with an attorney, however, because moving out can also affect claims to the marital home, custody arrangements, and support obligations. The court will look at the totality of the circumstances, not simply who moved out, when it addresses these issues later.
How do I find a trial separation lawyer near me?
You can reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to speak with Mr. Sris or the firm’s Of Counsel attorneys about trial separation in the Roanoke area. The firm serves clients across Virginia, including Roanoke City, Roanoke County, Salem, and surrounding communities. Consultations are available by appointment; the main Fairfax location offers meeting space, and phone consultations are available for clients who live farther from Northern Virginia.
For additional family law resources, see Virginia Code Title 20 (Domestic Relations) and the Virginia Judicial System.
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