Property Separation Agreements: Avoiding the Messy Divorce

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.

Child Relocation

The Hampton Roads is a very transient area, especially with of the high military presence in the area. This naturally leads to having to relocate families and children.  This is not so easily done, however, in situations of split families where one parent is remaining in the Commonwealth.

Pursuant to Va Code § 20-124.5, every child custody order in the Commonwealth of Virginia must include a notice that each party is to give the other party 30 days notice of any relocation.  One of the intents behind this notice is to allow the non-relocating party time to file with the court to bar the relocation of the minor child who is subject to the order.

If, for example, a custodial mother wants to relocate the child out of the state and away from the non-custodial father, she has a burden of proving that the move would be in the best interests of the child.  There is also a further burden of proving that the relationship and visitation with the father would not be hindered by the move.  This is a difficult burden to overcome, especially in cases with a non-custodial parent who is extremely active in the child’s life.

At Hadley Law, PLC, we are experienced with child relocation cases.  Call (757) 498-1800 to set up an appointment to discuss the particulars of your case and what needs to be done to fight it through the courts.

Uncontested Divorce- How to Avoid Going to Court

Beginning July 1, 2012, the Virginia Code allows for certain uncontested divorces to be done by written depositions.  These depositions must be signed and notarized by one party to the case and one witness.  Then, the depositions are submitted to the court in lieu of a party and witness having to appear in person. 

This is a great option for someone who does not like going to court (which is most people).  It is also beneficial in that you do not have to take a day off work nor sit and wait in a stuffy courtroom only to have everyone else waiting in the courtroom hear your business when your turn comes.

If this is something you are interested in, contact the team at Hadley Law, PLC at 757-498-1800.  We handle uncontested divorces and will do written depositions for your case, if your case qualifies.

Family Immigration

Being alone in the United States without your family can be a very difficult experience.  There is homesickness, new cultures, and you have your support structure far from you.  There are remedies to this, however.  If you are hold a green card or are a U.S. Citizen, then you can petition for certain family members to join you here, in the United States.  Who you can petition for makes a difference depending on whether you are a U.S. Citizen or a Permanent Resident.

Only U.S. Citizens may petition for extended family members in the first, third and fourth preference categories.  Permanent Residents may only petition for their spouses, children under the age of 21, and adult, unmarried sons and daughters.

There are four family-sponsored preference categories:

• FIRST Preference: Unmarried sons and daughters over the age of 21 of U.S. Citizens;
• SECOND Preference: Spouses, children and unmarried sons and daughters of permanent residents;
• THIRD Preference: Married sons and daughters of U.S. citizens and their spouses and children; and
• FOURTH Preference: Brothers adn sisters of U.S.citizens at least 21 years of age, and their spouses and children.

If you are here legally in the United States and you would like to petition for a family member to join you, we can help! Call us today for a free consultation at Hadley Law, PLC (757) 498-1800.

How your New Job will Affect your Child Support

If you are a stay at home parent in Virginia with primary physical custody of your child(ren), you may not get as much child support as you would were you working outside of the home.  There are two reasons for this:

(1) The way that the Commonwealth of Virginia calculates child support guidelines, the higher the combined income of both parents, the larger the need to support the child; and

(2) Work-related child care costs are included in child support guidelines.  For example, if you pay $1200 per month in work-related child care costs and you earn 30% of the combined income between you and the other parent, then you would receive an additional $840 per month in child support as the custodial parent.

With that being said, do not let the fear of receiving less child support stop you from taking that new job offer!

If you have a child support case and are in need of legal counsel, call attorney Cherish Hadley at Hadley Law, PLC for a free consultation at 757-498-1800.