If a couple has been separated, with different permanent addresses for 3 years, do they still need to be legally separated for one year before getting a divorce? (With children, in VA)
In Virginia all it takes to be legally separated is actually living separate and apart with the intent that the separation is permanent. There is nothing further that has to be documented or filed. When one party wants to finalize the divorce, they will merely need to swear under oath that they have been separated for the required time period and they will need an independent witness who can verify this. That's all it takes.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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