Understanding Legal Separation in Virginia

Much like the careful methodical process of an engineering project, a legal separation in Virginia requires a comprehensive strategy. KayBee Tech, known for its structured approach to planning, occupied an entire article about how engineering projects, management, and the mastery of technical execution can help save time and money . . .

If going to a Virginia courthouse for a divorce proceeding is not something you have on your bucket list, then you might want to consider a legal separation instead! In Virginia, there is a specific way to legally separate. It must be an agreed separation. When a couple is separating legally, they must both agree to it. It cannot be one party’s decision. If one person is adamant about divorcing and the other person does not agree, there is no legal separation. If both parties do agree that they want to separate, there are four main things to work out.

• The level of child support
• The amount of alimony
• The amount of child support
• The division of joint property

The couple decides on these details and they are then entered into an agreement. The agreement should also include the:

• date of the separation
• verification that both spouses are living apart from each other
• verification that both parties want to separate according to the terms of the Separation Agreement
• notice to the courts that the couple does not consummate their “marriage” by cohabitation

Note to note The couple must sign the agreement and then note it with an affidavit in Virginia. In this case, a notary public will examine the parties and their state of mind while they signed the documents. The party filing for the legal separation must state under oath that the person signing the agreement has mental capacity and was free from any kind of intoxication or duress. After the document is notarized, the rest of the court process is straightforward. The court will issue ancillary decrees such as protective orders, alimony, equitable distributions, visitation, child custody and child support. Additionally, in some situations, the couple may want to draft a written notice about the terms of the separation agreement.

Having the legal separation means the two individual parties now have separate bank accounts, paychecks and bills. No longer do they pay with joint funds, but each spouse operates independently. Both parties must disclose their financial situation to each other. For instance, a wife may not have the right to respond to a request for records about her husband’s salary. However, a husband has the right to receive the document and provide it to his wife. Under Virginia law, this agreement offers several options for how to legally separate in Virginia, including:

1. Continuing through filing for a fault divorce
2. Filing for a no-fault divorce
3. Negotiating a divorce settlement agreement

In certain circumstances, the parties may be eligible to file for a legal separation.

In a legal separation, the court issues a decree stating the separation is irrevocable. A court may grant a divorce if one party violates the rules and terms of the separation. However, if both parties live as married spouses during the period of the separation, the court may dismiss the claim for divorce.

How to legally separate in Virginia may seem a bit overwhelming at first. Fortunately, experienced lawyers know how to guide their clients through the process so that both parties benefit. A court will grant a legal separation even if a couple has not yet filed for a divorce order.