Divorces are difficult and often messy. Having a separation agreement drawn up prior to divorce proceedings can make an emotional and tense process much more smooth.
In
Virginia, there is no such thing as a “legal separation.” Instead, you can hire
an attorney to draft what is essentially an agreement or contract between the
two parties, specifying the terms of the separation and division of property
and other assets. This most often includes bank accounts, retirement funds,
military pensions and benefits, vehicles, houses, and even joint debts.
Where there are children, the parties can work
out the terms of custody and visitation, as well as child support, medical
insurance, life insurance policies, and retirement benefits. As one might
guess, this is usually done in anticipation of future divorce.
For a
no-fault divorce in Virginia, there is a statutory separation period of one
year before a person can file with the courts. However, if the husband and wife
have a separation agreement and there are no minor children (ie. Under the age
of 18), they can file after only a 6-month separation period. If there are
minor children, the separation period of one year is required, but a separation
agreement between the parties becomes a contract, and can be incorporated into
the final divorce decree, leaving fewer issues to have to argue about. If
necessary, one party can take the other to court for breach of that separation
agreement.
Separation
agreements can sort out most of the details of a divorce beforehand, and can
help create a more amicable, and cheaper divorce process.
If you
have questions or would like assistance in setting up a separation agreement
between you and your spouse, please give Hadley Law, PLC a call at (757)
498-1800, or email our office at info@hadleylawplc.com. One of our attorneys would be
happy to consult with you regarding your case.
About
the Author: Sarah V.L. Castleberry is an attorney at Hadley Law, PLC in
Virginia Beach, Virginia. She is barred in New York and Virginia.
The
information on this website is for general information purposes only. Nothing
on this site should be taken as legal advice for any individual case or
situation. This information is not intended to create, and receipt or viewing
does not constitute, an attorney-client relationship.
