Trial Separation Lawyer Augusta County — What Are Your Legal Options?
A trial separation in Augusta County is a period of living apart to evaluate reconciliation or divorce. Under Va. Code § 20-91, this time can count toward the required separation period. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. A Trial Separation Lawyer Augusta County can help you structure this time legally.
Last verified: April 2026 | Augusta County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
In Virginia, a trial separation is not a formal legal status but a factual period of living separate and apart. Under Va. Code § 20-91, this separation period is a prerequisite for no-fault divorce. For couples without minor children, a signed separation agreement can reduce the waiting period to six months. For those with minor children, the required separation is one year. A Trial Separation Lawyer Augusta County can advise on how to document this period properly.
During a trial separation, you must live in separate residences with the intent to remain apart permanently or indefinitely. The Augusta County Circuit Court at 6 East Johnson Street, Staunton, VA 24401 handles all divorce filings. A temporary separation lawyer Augusta County can help you establish a clear start date and maintain separate households to ensure the separation period counts toward your divorce timeline.
Key considerations during a trial separation include financial arrangements, child custody schedules, and property management. A separation before divorce lawyer Augusta County can draft a separation agreement addressing these issues. This agreement can later be incorporated into your final divorce decree, saving time and legal fees.
- Establish a clear separation date and move to separate residences.
- Document financial separation — close joint accounts, establish separate banking.
- Draft a temporary separation agreement covering custody, support, and property use.
- File for divorce after meeting the statutory separation period.
- Present the separation agreement to the court for incorporation into the final decree.
In Augusta County, a trial separation under Va. Code § 20-91 requires living separate and apart for six months (no minor children) or one year (with minor children) before filing for no-fault divorce.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | Civil proceeding | None | $86 filing fee | None | 6-month separation required |
| No-fault divorce (with minor children) | Civil proceeding | None | $86 filing fee | None | 1-year separation required |
| Fault-based divorce (adultery) | Civil proceeding | None | $86 filing fee | None | No waiting period; proof required |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces. This amendment provides the legal framework for how marital property is divided fairly during divorce proceedings.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only. 24/7 phone consultations.
Our Shenandoah/Woodstock Location serves clients at Augusta County courts (6 East Johnson Street). Accessible via I-81, I-64, Route 11, Route 250, and Route 340. We serve Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. If you need a Trial Separation Lawyer Augusta County, contact us for a consultation by appointment.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
How long does a trial separation need to last before divorce in Augusta County?
Yes. Virginia requires six months of separation if you have no minor children and a signed separation agreement, or one year if you have minor children. The Augusta County Circuit Court counts this time from the date you begin living separate and apart.
Can a trial separation help reconcile a marriage in Augusta County?
Yes. A trial separation provides space to evaluate the relationship without the pressure of daily cohabitation. Many couples use this time for counseling or mediation. If reconciliation occurs, the separation period ends and no divorce filing is needed.
Do I need a separation agreement during a trial separation in Augusta County?
It depends. A separation agreement is not legally required but is strongly recommended. It protects both parties by documenting custody, support, and property arrangements. Without one, disputes can arise that complicate the eventual divorce process.
What happens to joint property during a trial separation in Augusta County?
Joint property remains jointly owned during a trial separation. A separation agreement can specify who uses which assets and who pays which debts. The Augusta County Circuit Court will divide marital property equitably under Va. Code § 20-107.3 at the time of divorce.
Can I date during a trial separation in Augusta County?
Yes, but with caution. Dating during a trial separation can affect fault-based divorce grounds if adultery is alleged. Virginia recognizes adultery as a fault ground with no waiting period. A Trial Separation Lawyer Augusta County can advise on how dating may impact your case.
How does child custody work during a trial separation in Augusta County?
Custody during a trial separation is based on the best interests of the child under Va. Code § 20-124.3. The Augusta County J&DR Court handles standalone custody matters. A temporary custody order can be entered during the separation period to establish a parenting schedule.
What are the costs of a trial separation in Augusta County?
Costs vary. A separation agreement may cost $1,000-$3,000 in legal fees. Filing for divorce costs approximately $86 in Circuit Court fees. Mediation costs $100-$300 per hour per party. A Trial Separation Lawyer Augusta County can provide a fee estimate based on your specific situation.
Can a trial separation be used as evidence in an Augusta County divorce?
Yes. The separation period is a key fact in no-fault divorce cases. The court will require proof of separate residences and the intent to remain apart. A signed separation agreement or sworn affidavit can serve as evidence of the separation period.