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Yes, that is a long time, especially for those who have been in an unhappy marriage for several years prior to the separation.Let’s consider the following issues to help you determine what may be the best choice for you.Do we have to sign papers in order to be officially separated? You are legally separated when one or both of you vacates the former marital residence, and begin living separate and apart with the intention of at least one spouse for the separation to be permanent.Although the law does not require a couple to sign paperwork when they separate, you should consider having a lawyer draft a separation agreement if you decide to live apart. A separation agreement is a written contract between a husband and wife.First, if you don’t have a fault basis for your complaint (adultery, cruelty, desertion, constructive desertion, etc.), then your separation date will determine when you can file for divorce.In Virginia, you must wait one year to file if you have children and/or in the absence of a marital settlement agreement, but you can file after only six months with no children and a marital settlement agreement in place.Never sign a contract without understanding the meaning and the legal impact of each provision.

Perhaps a spouse has been unfaithful or abusive, or maybe two people have simply drifted apart over time.There is no law requiring a couple to sign a separation agreement.If your spouse will agree to participate, you might consider employing a certified family law mediator to help you negotiate an agreement that both husband and wife would be willing to sign.Now, that requirement has been removed and the defining date of separation does not have to mean that one of the spouses has moved out of the house.There are many reasons why couples who have decided to divorce choose to live under the same roof.Whatever the reason, you’ve made the decision that you need to turn the page and move on with your life.