Legal Separation

The short answer is no - in Virginia you do not need a lawyer to help you separate from your spouse.  There is no rule or law saying that you do.

There are advantages to having a lawyer represent you.  First, a competent separation lawyer should know the process.  Like a sporting event or a board game, there are rules and procedures that need to be followed.  If you do not know those, then the outcome and results could be much worse than you desire.  Second, knowing what the law is helps get you the outcome most beneficial to you.  A competent separation lawyer can help guide you through the pretrial aspects as well as the divorce trial helping to manage expectations and trying to make sure that you are treated fairly.  Lastly, an experienced divorce attorney can guide you through the divorce process so that you know what to expect as well as help manage your expectations by letting you know what is realistic and what is not.

We will be the first ones to tell you that you should not believe half of what  your read on the Internet.  When it comes to doing your own reseach on divorce, separation, custody, visitation, child support, or spousal support in Virginia we encourage you to use the Internet to get some foundations.  The problems are two-fold.  First, you do not know who wrote the article/post.  Even if it is on the page of a law firm in Virginia holding themselves out as divorce lawyers that does not mean a competent divorce lawyer wrote the article or even proofread the article.  In fact, many firms outsource those articles.  Here, we write our own articles/posts on various aspects of divorce, separation, custody, visitation, etc., and have them proofread by someone else in the office before they are posted.  Second, each case is unique.  There is no "one size fits all" divorce or articles on divorce.  Each case should be approached on its own fact pattern and handled accordingly.  Articles and posts should be designed to be generic and informative but not legal advice.

Feel free to read our posts before your free consultation and we are happy to go over any questions you have at that time.  We invite educated questions.  The more that our clients know the better we can help them achieve their goals.

What is included in the fee for a Separation Agreement?

You get ​a consultation with a lawyer, our Separation Agreement worksheet to help consider all of your options, a Separation Agreement, an edit in case you or your spouse have changes, we will help you execute three (3) original, notarized Agreements (sorry but your spouse cannot sign in our office), and a digital copy in case you lose the original.

What is a Separation Agreement?

This is an agreement that resolves all, or at least most, of your issues for the divorce. It saves a lot of money in costs and fees instead of a divorce trial. It also speeds up the process. There is more detailed information below.​

Can you date while separated in Virginia?

The short answer is "it depends". In Virginia, you are either married or you are divorced; there is no in between. So technically you cannot without your spouse's permission. This is where a Separation Agreement comes in play. In our Separation Agreements, ​we put in language that allows you and your spouse to live separate as if unmarried. With this language, you can date. Without it you may still be subject to an allegation of adultery which is still a criminal act.

What is "legal separation" in Virginia?

There is no such thing as legal separation in Virginia. You are either married or divorced. This is a common misconception.​

What is required for legal separation in Virginia?

Trick question - there is no such thing in Virginia. ​To get divorced, you have to live separate and apart, continuously and without interruption, with the intent to separate for the requisite period of time - either six months or one year. Then you can file for a divorce not based upon fault.

What are the separation laws in Virginia?

​T​here are many laws regarding separation from your spouse in Virginia. ​The answer depends on your question. Are you talking about dating, bills, debts, utilities, who gets the house, etc.? These are the questions we can answer during your free consultation.

Do I need a Separation Agreement in Virginia?

Nope. You can get divorced without one. Having one should make it quicker, cleaner and cheaper. Also, it allows you to control your own future rather than leaving it in the hands of a judge who does not know who you are.​

Do you need a Separation Agreement before divorce in Virginia?

Again - nope. You ​can still get divorced. But like we said - it is easier, quicker and cheaper if you do.

Can you be legally separated and live in the same house in Virginia?

You sure can. Well, with the exception that "legal separation" is not recognized in Virginia. What the question really is - can I live separate and apart from my spouse under the same roof? The answer is yes.`​ As long as you act as roommates and not a married couple you can be considered separated under the same roof.

What if my spouse won't sign?

There is nothing anyone can really do about this situation. You cannot force someone to sign just like you cannot force someone to stay married. If he/she really just does not want to sign to be difficult then we are happy to give you your options.​

How do you void a Separation Agreement?

That is a tough question to give a simple answer to and is very fact specific. It also depends on the portion that you are trying to void. Generally speaking Agreements are final with the exception of child support, child visitation or child support. Now that does not mean that there ​aren't other avenues - fraud, duress, misrepresentation, etc. Take advantage of your free consultation and come in to ask us.

These are some general questions. We are here to answer these and more if you have them!

There are really only two types of divorces that exist - contested and uncontested. Here is the difference - a Separation Agreement or Property Settlement Agreement. In a nutshell, a Separation Agreement is a document that the parties (the divorcing folks) create and sign to resolve all of the issues in a divorce. Think of it as a contract to end the marriage. It handles everything from real estate to bills to support as well as custody and visitation. I will talk later about Separation Agreements in another post.

There are several things that a Separation Agreement can accomplish prior to the divorce. First - it allows you to live separate and apart as if you were unmarried. In other words, you can date. Second - it says who is responsible for what including bills. Third - it allows people to know who keeps what. Lastly and, most importantly, it let's people know how and when they get to parent their children.