Trial Separation Lawyer New Kent County, VA
You and your spouse have reached a crossroads. The daily friction in your New Kent County home—whether in Quinton, Providence Forge, or New Kent itself—has become difficult to manage, and you are both considering time apart. A trial separation gives you space to evaluate your marriage without immediately filing for divorce. Understanding how Virginia law treats separation before you make this decision can protect your rights and clarify your options. For guidance specific to your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options During a Trial Separation
When you are contemplating a trial separation in New Kent County, several practical and legal considerations come into play. Where will each spouse live? How will parenting time be arranged if you have children? Will you continue to share financial accounts, or will you separate your finances? These questions are not just personal—they carry legal weight under Virginia law.
Mr. Sris and his Of Counsel can help you evaluate whether a written separation agreement makes sense for your situation. A separation agreement can address property division, spousal support, child custody, and child support during the separation period. While Virginia does not require a separation agreement for a trial separation, having one can provide clarity and serve as the foundation for an uncontested divorce later if reconciliation does not occur. The decisions you make now—about where the children stay, how bills are paid, and whether to document your arrangement in writing—can shape the legal landscape if your separation ultimately leads to divorce.
What to Expect in New Kent County
If your trial separation leads to legal proceedings, your case will be heard in one of two courts in New Kent County. The New Kent County Juvenile and Domestic Relations District Court handles matters involving child custody, visitation, and child support. The New Kent County Circuit Court, located at 12001 Courthouse Circle, has exclusive jurisdiction over divorce and equitable distribution under Va. Code § 20-96.
For a no-fault divorce in Virginia, the law requires a period of separation—one year under Va. Code § 20-91(9)(a), or six months if you have no minor children and have signed a separation agreement under Va. Code § 20-91(9)(b). A trial separation can serve as the beginning of this statutory period, which is one reason it is important to document when your separation begins. The timeline for any court proceeding depends on the court’s calendar and the complexity of your matter. Mr. Sris and his Of Counsel appear regularly in New Kent County courts and can guide you through the procedural steps.
Legal Implications of a Trial Separation
A trial separation carries legal consequences that many couples do not anticipate. Under Virginia’s equitable distribution statute, property acquired after separation may be classified differently than property acquired during the marriage. The date of separation can affect how retirement accounts, real estate, and other assets are divided if the separation ultimately leads to divorce.
Child custody and support are often the most emotionally charged aspects of a separation. Virginia courts determine custody based on the best interests of the child, considering ten statutory factors under Va. Code § 20-124.3. The arrangements you make during a trial separation—where the children live, how much time they spend with each parent—can influence a later custody determination if the separation becomes permanent. If you and your spouse reconcile after a trial separation, the separation period generally does not affect your marriage from a legal standpoint. However, if you later separate again, the clock for a no-fault divorce restarts from the new date of separation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since founding the firm in 1997. A former prosecutor, Mr. Sris brings extensive courtroom experience to family law matters, including divorce, separation, custody, and equitable distribution. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The firm has achieved 4,739+ documented results. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Richmond Location, at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients throughout New Kent County, including New Kent, Providence Forge, and Quinton.
Frequently Asked Questions
What exactly is a trial separation in Virginia?
A trial separation occurs when spouses agree to live apart for a period while they decide whether to reconcile or proceed with divorce. Virginia law does not use the term “trial separation”—instead, the law simply recognizes separation as a factual state. What matters under Va. Code § 20-91 is whether you are living separate and apart, and whether at least one spouse intends the separation to be permanent. A trial separation can evolve into the separation period required for a no-fault divorce if the intent to remain apart becomes permanent.
Do I need a lawyer for a trial separation in New Kent County?
You are not legally required to hire a lawyer to separate from your spouse. However, speaking with an attorney before you separate can help you understand how your decisions during the separation may affect your legal rights later—particularly regarding property division, child custody, and the grounds for divorce. For a consultation about your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a trial separation affect my divorce timeline?
A trial separation can serve as the beginning of the statutory separation period required for a no-fault divorce in Virginia—one year under most circumstances, or six months if you have no minor children and have entered into a written separation agreement. If you reconcile and resume living together, the clock resets. Documenting when your separation begins is important for establishing the timeline if you later decide to file for divorce.
Should we have a written separation agreement during a trial separation?
Virginia does not require a separation agreement for a trial separation, but having one can provide significant benefits. A written agreement signed by both spouses can address property division, spousal support, child custody, and child support during the separation. If you later decide to divorce, a comprehensive separation agreement can serve as the basis for an uncontested divorce and may qualify you for the shorter six-month separation period under Va. Code § 20-91(9)(b).
What happens to our children during a trial separation?
During a trial separation, parents in New Kent County should try to reach an agreement about custody and visitation. If you cannot agree, either spouse may file a petition in the New Kent County Juvenile and Domestic Relations District Court, which handles standalone custody and child support matters. The court will apply the trusted-interests factors in Va. Code § 20-124.3. The parenting arrangements established during a separation can influence a later custody determination if you divorce.
Can I date other people during a trial separation in Virginia?
Virginia law permits fault-based divorce on the ground of adultery under Va. Code § 20-91(1). If you engage in a romantic relationship during a separation—even a trial separation—and your spouse has not consented, that conduct could be raised as a fault ground in a later divorce proceeding. Adultery can affect spousal support and, in some cases, property division. You should discuss the implications with an attorney before making decisions that could affect your legal position.
Request a Consultation
If you are considering a trial separation in New Kent County, speaking with an experienced family law attorney can help you understand your options. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients in New Kent, Providence Forge, Quinton, and throughout New Kent County. Request a consultation by calling (888) 437-7747. The firm’s phones are answered 24 hours a day, seven days a week. In-person meetings are available by appointment at the Richmond Location. For a more detailed discussion of Virginia’s divorce and separation statutes, see our comprehensive analysis on the firm’s main site.
Additional family law resources:
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(888) 437-7747 | (804) 201-9009
By appointment only. Call to schedule.
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