If you and your partner agree on how to dissolve the „professional“ aspects of marriage, you can, through a separation agreement, remember the details in an opposable legal document. If you are considering a divorce, but first want to try to live separately, a separation agreement can help you get through all the practical and emotional considerations about how life would be separated rather than together. Couples who wish to separate when they begin divorce have the opportunity to negotiate a separation agreement from Virginia Marital. By agreeing to use this document, both parties agree to live separately and lead separate lives. The agreement resolves issues such as debt sharing, property distribution, child care, custody and visitation. Unlike many other states, Virginia courts do not grant „legal separations“ in which a couple lives separately as a result of a court order, but does not obtain an effective divorce. The closest comes from a contractual separation agreement between the spouses. You can write a separation agreement with the help of a lawyer or download an online model form. The agreement is contractually binding if both parties sign it, even if, initially, the document is not awarded by the courts. A final problem with signing a do-it-yourself separation agreement is that it cannot exist without review by an experienced family lawyer in court. You can now get along well with your future ex, but relationships often deteriorate and arguments often arise after separation. There may come a day when you will have to enforce in court the provisions of your agreement regarding conservation, visit, assistance, property or debt.
However, if these provisions have not been formulated correctly, you may be forced to argue a lot of time and money with these issues in court. In fact, you may end up spending a lot more on legal fees later to solve the problems caused by a faulty separation agreement „that it would have cost you, simply having devised a good deal from the beginning. Unlike many states, Virginia does not have a procedure to obtain „legal separation“ status in these cases without error. In other words, couples` divorce in Virginia typically moves from marriage to separate life (with or without separation agreement) to divorce – a court only commits at the time of divorce.