In Roanoke County, a trial separation is not a legal status but a factual period that can satisfy the 6-month or 1-year separation requirement under Va. Code § 20-91 before filing for divorce. Law Offices Of SRIS, P.C. has 34 documented case results in Roanoke County. Mr. Sris personally amended Va. Code § 20-107.3.
Last verified: April 2026 | Roanoke County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
A trial separation in Virginia is a period where spouses live apart with the intent to reconcile or evaluate divorce. Under Va. Code § 20-91, a no-fault divorce requires a separation of 6 months (no minor children with a signed separation agreement) or 1 year (with minor children). This period can serve as a trial separation. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how separation periods affect property division.
- Va. Code § 20-91 (divorce grounds — official Virginia General Assembly)
- Roanoke County General District Court (official court website)
In Roanoke County, the Circuit Court at 305 East Main Street, Salem, VA 24153 handles all divorce and equitable distribution matters. The Juvenile and Domestic Relations Court handles standalone custody and support issues during separation.
- Establish a date of separation with clear documentation (separate residences, separate finances).
- Draft a separation agreement covering property division, custody, and support during the trial period.
- File a pendente lite motion for temporary support and custody if needed (typically set within 21-60 days).
- Attend mediation if ordered by the court (not mandatory but recommended).
- After the required separation period, file for divorce at Roanoke County Circuit Court.
- Present corroborating witness testimony at the uncontested divorce hearing.
In Roanoke County, a trial separation carries no direct penalties but affects divorce timelines and property division under Va. Code § 20-107.3.
| Issue | Classification | Separation Period | Filing Fee | Additional Costs | Impact on Divorce |
|---|---|---|---|---|---|
| No-fault divorce (no minor children) | No-fault | 6 months | $86 | $12 sheriff service; $50-$100 private process server | Faster path to divorce |
| No-fault divorce (with minor children) | No-fault | 1 year | $86 | $500-$2,500+ Guardian ad Litem; $100-$300/hr mediation | Longer separation required |
| Fault-based divorce (adultery) | Fault | No waiting period | $86 | Proof of adultery required | Immediate filing possible |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ total documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, providing unmatched insight into how trial separation periods affect property division in Roanoke County. The firm’s tagline: “Advocacy Without Borders.”
Mr. Sris, Owner & CEO of Law Offices Of SRIS, P.C., also oversees family law matters. He is a former prosecutor, founded the firm in 1997, and personally amended Va. Code § 20-107.3. He is admitted to practice in VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 34 total documented case results across all practice areas in Roanoke County, with a 94% 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 Roanoke County courts (305 East Main Street, Salem, VA 24153), accessible via I-81, I-581, Route 11, Route 419, and Route 220.
Family law lawyer near Roanoke County — serving Salem, Vinton, Cave Spring, Hollins, Catawba.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (888) 437-7747 — meetings by appointment only.
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How long does a trial separation need to be in Roanoke County, Virginia?
It depends. For a no-fault divorce without minor children, you need 6 months of separation with a signed agreement. With minor children, the separation must last 1 year. Fault grounds like adultery have no waiting period.
Can a trial separation affect property division in Roanoke County?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers the duration of separation when dividing marital property. A longer separation may support arguments for separate property classification.
Do I need a separation agreement during a trial separation in Roanoke County?
Yes. A signed separation agreement resolves property division, custody, and support issues without trial. It also serves as proof of the separation period when filing for divorce at Roanoke County Circuit Court.
Is a trial separation required before divorce in Virginia?
No. You can file for divorce on fault grounds (adultery, cruelty, desertion for 1 year, felony conviction) without any separation period. For no-fault divorce, the separation period is required.
How much does a trial separation cost in Roanoke County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50-$100. Mediation costs $100-$300 per hour per party.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.