OVERVIEW OF HOW TO SEPARATE IN VIRGINIA

DO YOU NEED A SEPARATION AGREEMENT IN VIRGINIA? Unlike other states, you don’t need any formal separation agreement to live separate and apart from your spouse.

WHAT DOES IT MEAN TO LIVE SEPARATE AND APART IN VIRGINIA? The separation date is the date you and your spouse start living separate and apart with the intention of being separated.  You may still reside within the same home provided that you live in separate bedrooms and basically live as roommates.  You should also stop wearing your wedding ring and no longer hold yourself out to friends and family as husband and wife.  Read more about how to separate within the same home: How to Separate Under the Same Roof.

CAN YOU DATE WHILE SEPARATED IN VIRGINIA?

While each situation is different, generally speaking, it is recommended that you do not date while still married in Virginia.  Of course, that advice comes with a variety of factors to consider.  To read more about what factors you should consider when deciding whether to date while separated in Virginia, read more about it here.

WHAT IS A SEPARATION AGREEMENT?

A Separation Agreement, otherwise known as a property settlement or marital settlement agreement, can resolve all the issues arising out of a marriage including child supportspousal supportcustody, and equitable distribution of the marital property and debt.

DO YOU NEED AN ATTORNEY TO DRAFT THE SEPARATION AGREEMENT?

It is a wise and potentially cost-saving idea to have an attorney draft your separation agreement from the outset.  Often times, parties try to draft their own agreements and because they are not Virginia divorce lawyers, they end up leaving out critical areas in their agreements which should have been included.  As a result, an attorney will often have to get involved after an agreement has been signed to try to amend or add to the agreement. The biggest challenge when this happens is that if the parties have previously agreed to something that they shouldn’t have, there is a usually an enforceable agreement that is in effect at the time the Virginia divorce lawyers get involved.  A party is unlikely to be able to reverse any of the provisions that they may have agreed to.  It’s better to get an experienced divorce lawyer in Virginia involved before signing anything because in the end, a party won’t spend money trying to fix something they shouldn’t have agreed to.

SEPARATION LAWYERS IN MANASSAS AND FAIRFAX, VIRGINIA

At NOVA Legal Professionals, our Virginia divorce attorneys located in Fairfax and Manassas have extensive experience presenting creative solutions to settle your case as quickly and as cost-efficient as possible. We will help you determine how and when to file.  We will help you figure out the pros and cons with the approach that you seek to take. We will come up with a strategy that best fits your goals with how to move forward when you are ready. Read more about how we have helped our clients here.

If you want to speak with one of our attorneys to discuss your case, reach out to us at either of our offices in Manassas, Prince William County and Fairfax, Fairfax County locations to schedule.