However, Virginia also allows couples to obtain a divorce without error if they enter into a separation contract and then live separated from each other for six months (if the couple has no minor children) or for one year (if the couple has minor children). The separation period must be continuous, i.e. the parties do not work together during the separation period and each retain their own residence. Sometimes separated spouses choose to stay under the same roof or use their children out of economic necessity. In the event of a divorce in Virginia, you can still set a separation date if: once the separation period required after the separation agreement has expired, the parties can apply to the court for an undisputed divorce. If the court finds that the separation period was sufficient and that reconciliation of the parties is not possible, the court will grant the divorce. Separation agreements are limited in scope in several respects, which the parties to separation or divorce should understand: most separation agreements are not amendable after being signed, as in cases of spig assistance or equitable asset allocation, so it is important that you know what you are signing and that you have received the appropriate legal advice to move forward. Second, a separation agreement, developed for you by an experienced family law lawyer, will generally contain a multitude of provisions that protect your interests under Virginia law. A general online form agreement that is not specific to the state and is not tailored to your individual needs can make you vulnerable and vulnerable to very bad financial consequences. In an effort to save money, many people make the decision to sign a separation agreement that they bought or downloaded on the Internet without first checking with a lawyer. The great danger in this approach is that you don`t cut yourself much by cutting corners.
First of all, you may not know what you are entitled to under Virginia law, and if you are satisfied with the agreement you have made with your spouse on various marriage matters (for example.B. „I think he or she may have the house“), this agreement could be extremely unfavorable to you if you could do so in relation to what a judge could advise you in court. Allows. Marriages don`t always end abruptly; Sometimes they disappear, making it difficult to determine the exact day when you both knew it was over. However, the sooner you declare that you are separated, the sooner you can work to end your marriage. Here are your options for setting a separation date in a divorce in Virginia. Separation, which differs from desertion, separates from your spouse, either at home or outside, while it still operates according to the rules and norms of marriage, such as. B the sharing of marital duties and obligations. As a general rule, a separation and the conditions of separation are discussed and agreed upon, while a desertion is rather a unilateral act of one party, so that the other party is responsible for all marital duties and duties. What is closest to Virginia`s type of separation granted by other states is what is called a „bed-and-board divorce,“ which is limited to error-based cases and is very rarely granted in Virginia.
Separation agreements can be used to resolve a number of issues related to the dissolution of a marriage. However, many child care and assistance provisions, which are often requested or included in separation agreements, are effectively unenforceable under Virginia legislation.