The first step in a no-fault divorce in Virginia is for you and your spouse to legally separate. Separation in the state is simple, without the need to file any paperwork to start the process. Instead, your legal separation will begin once you start living separate lives, with the intent to permanently separate.
For example, to be separated, you should have separate bedrooms and not go to events together as spouses. Learn how an experienced separation lawyer in Fairfax can help.
At Melone Hatley, P.C., our team of experienced Fairfax family lawyers will provide compassionate support as we help ensure your rights are protected during your separation and through the divorce process. Reach out to us to schedule a free case consultation with one of our Client Service Coordinators today.
Initiating a Legal Separation in Fairfax
When pursuing a separation-based divorce in Virginia, the first step is to start the clock on your legal separation. The length of time you will need to be separated from your spouse before you can get a divorce will depend on whether or not you and your spouse have any minor children.
Without minor children, you can begin divorce proceedings at the six-month mark. However, to do so, you will need to file a divorce agreement that resolves all issues, such as custody, support, and division of property..
If you have minor children or haven’t signed a divorce agreement, you will have to wait until you have been legally separated for at least one year before you can file for divorce.
There are different ways to get the clock going, and your circumstances will dictate the best approach for you and your spouse to take.
Moving Out and Living Separately
If either you or your spouse move out of your shared residence with the intention of permanently separating, the clock will begin to run on your separation as soon as you are no longer under the same roof.
Once you or your spouse have been out of the house for six months or a year, depending on the criteria mentioned above, you will be able to begin divorce proceedings.
Sleeping Separately While Under the Same Roof
Your financial situation may make it difficult for you or your spouse to move out immediately. Fortunately, that does not have to delay your legal separation in many cases. Many Virginia courts will recognize your separation even if you remain together in the same home as long as you can sleep apart and make your intent to permanently separate clear.
Other than having separate bedrooms, some of the best ways to show your intention to remain separated while still living together include:
- Dividing your finances
- Ceasing to attend events together
- Buying separate groceries
Furthermore, you can create a separation agreement regarding the rights and obligations of both parties during your separation.
A Separation Agreement Can Be a Valuable Tool in Protecting Your Rights and Preparing for Divorce
It’s essential that you put your separation agreement into writing as soon as possible if you are able to come to terms with your spouse regarding various issues, including:
- The financial obligations of both parties
- How your assets and debts will be divided
- Child custody
- Spousal and child support
Having an experienced separation attorney create the separation agreement document will help ensure that all matters you and your spouse need to decide upon are included and that the agreement is enforceable.
After the terms of your separation are in writing and have been submitted as an order to the court, a judge will sign the order. That way, you will be able to have the court enforce anything stated in the document if your spouse fails to follow their end of the deal.
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The Terms of Your Separation Agreement May Affect the Final Terms for Your Divorce
Having a separation agreement with your spouse can significantly simplify the divorce process. When filing a separation agreement, you can either make the terms of the agreement permanent or temporary. With a permanent separation agreement, the agreed-upon terms will carry over into divorce.
Meanwhile, with a temporary agreement, a new agreement or order will be necessary before your divorce is finalized. If both parties are abiding by the temporary agreement without issues, you may decide to continue with the same terms as part of a divorce agreement.
Of course, there are aspects of a temporary separation agreement that may not translate over to your divorce, especially if you are still living together during your separation. The most common modifications involve the areas of custody and support.
Child Custody and Visitation During Separation
If you remain living in the same house as your spouse and children during the separation period, you may think that child custody and visitation issues don’t need to be addressed immediately. However, adjusting to co-parenting can be challenging and may create issues during this period.
If you and your spouse are not able to work together, the judge in your case may award temporary primary physical custody to one parent. This means that the child will live primarily with that parent for the duration of the separation period. The court normally gives the other parent a visitation schedule.
The court must also address legal custody, which is the right to make decisions about how the child will be raised, medical care, etc. Often, legal custody is shared between the parents. When negotiating child custody terms, securing the services of an experienced Fairfax custody and visitation lawyer can be critical for ensuring that your interests are protected.
Child and Spousal Support During Separation
A judge may also enter orders regarding child support and spousal support during your separation, even if you are still living under the same roof. Support rulings can help prevent one party from financially manipulating the other during separation and divorce.
Whether you are paying or receiving spousal support, it is critical to ensure that the terms of the agreement align with your goals. The best way to protect your interests throughout the process is to secure the services of an experienced Fairfax spousal support lawyer.
Get Help From an Experienced Fairfax Separation Attorney Today
What happens during the time you are separated from your spouse before you get divorced can significantly impact your life in the long term. Hiring a Fairfax separation lawyer from Melone Hatley, P.C. can be crucial for protecting your rights throughout the separation period and during divorce proceedings.
Contact us today by phone, through our contact form, or by using the chat tool on this page, and schedule your free case review.
