Do you need a separation agreement lawyer in Virginia? While some people may not think so, having a separation agreement lawyer in Virginia ensures that you follow the law and conduct the correct procedure for your separation. Having a professional agreement drafted by a lawyer may save you thousands of dollars when later trying to interpret an “internet” separation agreement.
Here is what you should understand about separation agreements and how a lawyer can help.
Separation Agreements
Virginia allows no-fault divorce when specific requirements are met. A married couple with minor children must live separate and apart for one year. If there are no minor children, this period is only six months so long as you have a written separation agreement.
Many states have a procedure for a married couple to attain a “legal separation,” but Virginia does not. In Virginia, couples who are seeking a divorce must live separate and apart without cohabitation or interruption (with or without a separation agreement) for the specified amount of time, to obtain a divorce.
Separate and Apart
For the purposes of a divorce on the grounds of separation in Virginia, living separate and apart requires two things. First, physical separation and second, at least one party must have the intent that the separation will be permanent.
Physical Separation. This is usually achieved by one party moving out of the marital residence. However, the law does allow spouses to live separate and apart under the same roof. There are strict guidelines for this process that must be followed.
Intent. At least one of parties must have decided the marriage is over and communicated that to their spouse verbally or in writing. If the intent to separate is stated in a conversation, we recommend a follow-up text or email will memorialize the date of separation.
Benefits of Separation Agreements
There are numerous benefits of a separation agreement in Virginia to include:
- Resolving the division of marital property, spousal support, child custody, visitation and support. A comprehensive separation agreement can eliminate the need for time-consuming and expensive litigation during divorce proceedings;
- Giving the parties more control over how their issues are settled instead of leaving the decisions to a judge;
- Allowing parties to agree on matters that are outside the court’s jurisdiction;
- Providing the no-fault ground of living separate and apart for obtaining a divorce once the parties have met the required time period for their circumstance;
- Providing a divorcing couple the ability to live as if they are single during the one-year separation period;
- Lastly, a separation agreement can shorten the time it takes to get a divorce for a couple with no children to only six months.
Separation Agreement Lawyer in Virginia
It is crucial to have an attorney help you draft your separation agreement to ensure that your rights are protected, and that your best interests are considered. Furthermore, having a separation agreement lawyer in Virginia draft your agreement will make certain that it complies with the related Virginia statutes and will hold up in court. To learn more, please contact Cook, Craig & Francuzenko at 703-865-7480.
