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Filing A Separation Agreement In Virginia

In most cases, you must live separately for a year to qualify for a divorce in Virginia. However, if you do not have minor children and you have entered into a separation contract, you can divorce in six months. If you`re seeking divorce on the basis of adultery, you can conclude the divorce technically without the six-month waiting year or period, but this may be virtually impossible due to the way local courts normally structure their indictments. As a rule, courts do not like to plan divorce proceedings before the expiry of the separation period, because if a party is unable to prove his right to adultery, divorce cannot be granted. On the other hand, if the trial takes place after the expiration of the year of the period of separation, even if adultery cannot be proved, a divorce based on a life apart for one year may be granted. In Virginia, it is important to set a separation date for several reasons. After all, the date of separation: you don`t know how legal separation works in Virginia? Consult Graham Law Firm before starting the separation process to fully understand your rights and duties. Vote (703) 443-9360 to speak to our divorce lawyers in Virginia today. The next thing Virginia has about the nature of legal separation granted by other states is what is called “bed and food divorce,” limited to cases of error and very rarely granted in Virginia. Since national relations laws are state-specific, you will find that legal separation (a sanctioned judicial agreement between a husband and wife describing the obligations and rights of each party) allows some states to separate without a break in body, with the court issuing temporary custody orders, of visiting, supporting and even sharing property. Nothing like this happens in the state of Virginia.

Before you commit, talk to a lawyer to find out your options. While it is important to understand these limitations, they are fading from the enormous benefits that separation agreements offer. Separation agreements remain the most effective way to resolve most problems between separating or divorce couples. They allow the parties not to invest large amounts of time, money and energy in a controversial divorce and to continue their lives. In most cases, they are worth it. Virginia laws now provide for the “equitable” distribution of marital property and marital debts between the parties at the end of the divorce. “marital property” consists of all co-titled property as well as any other property, with the exception of separate property acquired by one or two parties, from the date of marriage until the date of final separation. “separate property” means property that was in the possession of a party before the marriage, property acquired after the separation of the parties, or inherited property and/or gifts to a party from a third party.

When “marital property” and “separate property” are mixed, or when the value of “separate property” is increased by the active efforts of one of the parties during the marriage, such property may be considered “matrimonial property” or “separate and partially separated” property. As a general rule, debts are considered a “conjugal debt” if they are in the common name of the parties and arose before the date of the last separation of the parties, or, for debts that are in the name of a party only if the debt arose after the date of the marriage and before the date of the last separation of the parties. . . .

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