What should be in a separation agreement in Virginia?
This document states that the couple has agreed to:
- live separate and apart.
- divide their marital property and debts in a mutually acceptable way.
- provide child support, custody, and visitation for minor children.
- include other appropriate provisions such as spousal support or maintenance.
How does a divorce agreement work in Virginia?
Couples who wish to separate as they begin working on their divorce have an option to negotiate a Virginia Marital Separation Agreement. By agreeing to use this document, both parties agree to live apart and lead separate lives. The agreement resolves issues such as debt division, property distribution, child support, custody, and visitation.
Do you need a legal separation in Virginia?
Do you need a legal separation before divorce in Virginia? No, because there is no state of being legally separated in Virginia. However as discussed above, you do generally need to live separately from your spouse for either six months or a year, depending on which type of divorce you qualify for.
Do you have to file a marital settlement agreement in Virginia?
In Virginia, if you have a Marital Settlement Agreement your divorce pleadings will be simpler and less complicated and it will be absolutely clear to the court that you have an uncontested divorce. Q. Do I have to file a Marital Settlement Agreement with the court?
How is marital property divided in a Virginia divorce?
Virginia statutes now provide for the “equitable” distribution of the marital property and marital debt between the parties at the conclusion of the divorce. “Marital property” consists of all jointly-titled property as well as all other property, other than separate property,…
How long do you have to be separated in Virginia?
How long do you have to be separated before divorce in VA? In most cases you have to live separately for a year to qualify for a divorce in Virginia. However if you have no minor children and have executed a separation agreement, you can be divorced in six months.
What is a separation agreement called in Virginia?
Separation agreements are contracts which can be used to settle all of the rights, interests, and obligations of separating or divorcing parties. In Virginia, separation agreements are commonly referred to as “marital settlement agreements” or “property settlement agreements.”
Can a no fault divorce take place in Virginia?
Virginia law allows for no-fault divorce on the grounds of (a) separation for one year or (b) separation for six months with a separation agreement in place and no minor children.
What do you need to know about divorce in Virginia?
The law requires that “grounds” (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the parties agree that a marriage should end. These grounds are briefly described below.