Fairfax Station, Virginia · No-Fault Divorce
A no-fault divorce in Virginia runs on a clock, and that clock starts on your date of separation. So the date matters, and sometimes you have to prove it. If you separated while still under the same roof, it matters even more. Let me explain how the separation date works, how to show you are really separated, and why you need a witness.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on proving the separation date.
Why the date matters
Under Va. Code § 20-91(A)(9), a no-fault divorce requires that you live separate and apart for a set time before the court grants it: one year, or six months if you have no minor children and a signed separation agreement. That period is counted from your date of separation, so the date sets when you become eligible to finish. A wrong or disputed date can push your divorce back by months. For the timing rules, see our no-fault divorce page.
What separation actually means
Separation in Virginia is two things happening together: you stop living as a married couple, and at least one spouse intends the separation to be permanent. You do not need a signed paper or a court order for the clock to start. What you need is a clear break in the marriage and the intent behind it, shown by how you actually live.
A Word About the Corroborating Witness
Virginia does not let a court grant a divorce on the spouses’ word alone. Under Va. Code § 20-99, your grounds, including that you lived separate and apart for the required time, must be corroborated by someone else. That is usually a friend, relative, or neighbor who can confirm your separation. Line that person up early, because without corroboration the divorce does not go through.
Not sure when your separation date is?
A short conversation can pin down your date and what you will need to prove it. No pressure, no commitment.
Separated under the same roof
Many Fairfax Station couples cannot afford two homes right away, so they separate while still living in the same house. Virginia allows that, but the proof has to be stronger, because you have to show you stopped living as a married couple even under one roof. Separate bedrooms, separate finances, separate meals and routines, doing your own laundry and errands, and no longer presenting yourselves as a couple all help show the break is real. A witness who has seen how you live can corroborate it.
Fix the date, and protect it
Put your separation date in writing, in a separation agreement or a dated notice, so there is no argument later. And be careful about reconciling: if you move back in and resume the marriage to give it another try, the clock generally resets and starts over from a new separation date. A short, clearly temporary attempt is different from resuming the marriage, but the line matters. A Fairfax Station divorce is filed in the Fairfax Circuit Court, 4110 Chain Bridge Road, City of Fairfax.
“Your separation date is the start of the clock, so treat it like it matters. Write it down, live it consistently, and have someone who can vouch for it.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits protect your separation date. First, fix the date in writing the moment you separate, because memories and stories drift, and a dated record settles it. Second, if you are separating under one roof, live the separation consistently, separate rooms, money, and routines, since half measures invite a dispute about whether you really separated. Third, pick your corroborating witness early, someone who sees how you actually live, so the proof is ready when you file.
The date is easy to set and hard to fix after the fact. Set it clearly from day one.
Authoritative References
Sources
- Code of Virginia, § 20-91(A)(9). No-fault ground for divorce and the required period of living separate and apart. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-99. Procedure in divorce suits, including the requirement that grounds be corroborated. law.lis.virginia.gov/vacode/title20
- Fairfax County Circuit Court. Divorce filing for the 19th Judicial Circuit, serving Fairfax Station. fairfaxcounty.gov/circuit
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
What counts as my separation date in Virginia?
Your separation date is when you stopped living as a married couple and at least one spouse intended the separation to be permanent. Both pieces have to be present. You do not need a signed document or court order for the clock to start, but you do need a clear break in the marriage shown by how you live from that day forward.
Can we be separated while living in the same house?
Yes. Virginia allows separation under the same roof, but you must prove you stopped living as a married couple. Separate bedrooms, separate finances, separate meals and routines, and no longer presenting yourselves as a couple all help show the break is real. Because there is no separate address to point to, this kind of separation needs stronger, more careful proof.
Do I really need a witness to prove separation?
Yes. Under Va. Code § 20-99, a Virginia court cannot grant a divorce on the spouses’ testimony alone. Your separation must be corroborated by someone else, usually a friend, relative, or neighbor who can confirm that you have lived separate and apart for the required time. Identifying that witness early keeps your case from stalling when you are ready to finish.
What happens to the clock if we get back together?
If you move back in and resume the marriage, the separation clock generally resets, and your required period starts over from a new separation date. A brief, clearly temporary attempt to reconcile is treated differently from actually resuming the marriage, but the distinction can be fact-specific. If you are unsure, get advice before the attempt rather than after.
How do I prove my separation date if my spouse disputes it?
Documentation and a witness. A dated separation agreement or written notice fixes the date, and records like a new lease, changed accounts, or messages can support it. A corroborating witness who saw how you lived ties it together. This is exactly why putting the date in writing at the time of separation is so valuable, it removes the argument before it starts.
When You Are Ready
Let’s pin down your date and start the clock right.
Tell me about your situation, and I will help you establish your separation date and the proof to back it up. The first call is a conversation, not a commitment.