In Botetourt County, a trial separation is a period of living apart before divorce, governed by Va. Code § 20-91. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County. A Trial Separation Lawyer Botetourt County can help you understand your rights during this time.
Last verified: April 2026 | Botetourt County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law defines a trial separation as a period where spouses live separately with the intent to reconcile or eventually divorce. Under Va. Code § 20-91, a no-fault divorce requires a separation of six months (if no minor children and a signed separation agreement exists) or one year (if minor children are involved). A Trial Separation Lawyer Botetourt County can explain how this period affects property division, custody, and support. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, brings former prosecutor insight to family law matters. The firm has over 120 years of combined legal experience.
For trial separation specifically, the key statute is Va. Code § 20-91, which establishes the separation period requirements. Unlike a legal separation, Virginia does not recognize a formal “legal separation” decree. Instead, the trial separation period serves as the foundation for a no-fault divorce filing. A Trial Separation Lawyer Botetourt County can draft a separation agreement during this period to protect your interests.
Review the official Virginia statutes: Va. Code § 20-91 (divorce grounds and separation requirements) and Botetourt County General District Court website.
Botetourt County Circuit Court handles all divorce filings. The court requires one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed during the trial separation can resolve all issues without trial.
- Begin living separately and apart from your spouse.
- Draft a separation agreement covering property, custody, and support.
- Wait the required six-month or one-year separation period.
- File a complaint for divorce at Botetourt County Circuit Court.
- Attend the uncontested divorce hearing with your corroborating witness.
- Receive the final divorce decree from the court.
In Botetourt County, trial separation carries no criminal penalty but affects divorce timelines, property division, and custody arrangements under Virginia law.
| Issue | Classification | Separation Period | Filing Fee | Impact on Divorce | Additional Considerations |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | No-fault grounds | 6 months | ~$86 | Allows divorce filing after 6 months | Signed separation agreement required |
| No-fault divorce (with minor children) | No-fault grounds | 1 year | ~$86 | Allows divorce filing after 1 year | Child custody and support must be addressed |
| Fault-based divorce (adultery) | Fault grounds | No waiting period | ~$86 | Immediate filing possible | Proof of adultery required |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which directly impacts how property is divided during and after a trial separation. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, Owner & CEO, Managing Attorney, also handles complex family law matters in Botetourt County. He is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3.
Law Offices Of SRIS, P.C. has 33 total documented case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Shenandoah/Woodstock location serves clients at Botetourt County courts (20 E. Back Street, Suite A, Fincastle, VA 24090), accessible via I-81, I-64, Route 11, and Route 220.
Looking for a trial separation lawyer near Botetourt County? We serve Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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How long does a trial separation need to last before divorce in Botetourt County?
Yes, Virginia requires a 6-month separation if no minor children exist and a signed separation agreement is in place. With minor children, the separation period is 1 year.
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months; pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Botetourt County Circuit Court handles all divorces. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party 33 total documented case results across all practice areas (100% favorable outcome rate)
How much does a divorce cost in Botetourt County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Botetourt County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Botetourt County Circuit Court (20 E. Back Street, Suite A, Fincastle, VA 24090) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Botetourt County, Virginia?
It depends. Custody in Botetourt County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Botetourt County J&DR Court handles standalone custody. Botetourt County Circuit Court handles custody within divorce cases. 33 total documented case results across all practice areas (100% favorable outcome rate)
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Botetourt County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party