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Finally, the parties may include various other provisions in their agreement, such as language providing for the payment of spousal support (alimony).

Separation agreements usually provide that any divorce of the parties will be on the no-fault ground of separation.

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On the question of intent, one must look for the date on which one of the parties decided that the marriage was over communicated that fact to their spouse.

In many cases there was a text message or an email, but often there was simply a conversation.

Instead, a finding of desertion requires that one party has ceased performing their marital duties, which can include but are not limited to providing financial support or contributing to marital bills or debts, and providing emotional or physical support.

Separation, as distinguished from desertion, is separating from your spouse, either in the home or outside, while still operating under the rules and standards of the marriage, such as division of the marital obligations and duties.

This agreement is simply demonstrated in percents, i.e.

your hobbies, sports, things you like as well as expectations for your partner.Usually, a separation and the terms of the separation are discussed and agreed, whereas a desertion is more of a unilateral action by one party, leaving the other party saddled with all the marital duties and obligations.Ultimately, there is a thin line between desertion and separation under Virginia law.Virginia law allows for no-fault divorce on the grounds of (a) separation for one year or (b) separation for six months with a separation agreement in place and no minor children.However, unlike many states, Virginia law does not have a procedure for obtaining a status of “legal separation” in these no-fault cases.With such an agreement in place, once the parties have lived separate and apart for the appropriate time, either party may then file for an uncontested divorce on the no-fault ground of separation.

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