If you are thinking about divorce, the first thing you must do is decide how you intend to separate from your spouse. In Richmond, if there has not been a cause for the divorce, you must legally separate from your spouse. To initiate separation, you will not need to file any paperwork.
Instead, Virginia considers a legal separation to begin as soon as you start sleeping separately, with the intent of making the separation permanent. An experienced separation lawyer in Richmond can help you understand this process.
At Melone Hatley, P.C., our experienced team of Richmond family lawyers will help you through your separation with compassion, and ensure your rights are protected throughout the separation and divorce process. Get in touch with us today to set up your free case evaluation with one of our Client Service Coordinators and see the difference a partner can make for your future.
Beginning Legal Separation in Richmond
In Virginia, there are divorces that are based on bad acts and divorces based on the fact that the parties have been separated for the legally required amount of time. The divorce based on separation is frequently referred to as a no-fault divorce.
If you believe that you can proceed with a no-fault divorce, the first thing you must do is establish a date of separation. Under Virginia Code § 20-91, there are two legally prescribed lengths of separation.
Without minor children, you will need to have been separated for six months and have a signed Property settlement agreement to be able to proceed with the divorce. With minor children, you must have at least one year of separation.
You can start the clock on your separation in different ways, depending on the options that make the most sense for your circumstances.
Living in Separate Residences
If you or your spouse move out of your shared home with the intent of making the separation permanent, the clock will start as soon as you cease to share the same living space.
You will then be able to begin divorce proceedings in six months or a year, depending on the above requirements.
Sleeping Separately in the Same Home
It is not always financially feasible for one party or another to move out of your shared home immediately after deciding to separate. However, you do not have to wait until you live in separate residences to begin your legal separation. Under these circumstances, you will need to make a concerted effort to ensure that your intent to permanently separate is clear.
It is also helpful to take pictures, with a date stamp, of the separate living spaces within the home. Dividing your finances, purchasing separate groceries, and refraining from attending events together are all ways to help establish your separation.
Additionally, you can create a separation agreement that states the rights and responsibilities of each party during the separation period. Even if the separation agreement does not say anything other than the parties agree to separate, it will still be helpful.
A Separation Agreement Can Help Ensure Your Rights Are Protected and Lay the Groundwork for Your Divorce
During your legal separation, if you can come to terms on a separation agreement that outlines the financial obligations of both you and your spouse, how you will divide your assets, custody and visitation, spousal support, and child support, and any other issues that need to be resolved, you will want to put the agreed upon terms in writing as soon as possible.
When creating your separation agreement, having an experienced divorce attorney in Richmond draft the document will help ensure that all of the issues that need to be decided are included in the agreement and are enforceable. Furthermore, your separation attorney in Richmond will ensure that you are getting what you are owed from the marriage and not giving up too much just to come to an agreement.
Once you have put the terms of your separation in writing and have that agreement entered as an order, you will be able to get the court to enforce any aspect of your agreement should your spouse fail to live up to their end of the deal.
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Your Separation Agreement May Influence the Final Terms of Your Divorce
When thinking about a separation agreement, it is important to understand that anything you sign, except for terms regarding custody and visitation of minor children, will be final, and you will not be able to modify the terms unless the other side agrees.
Frequently, we see cases where the parties have agreed to something and later change their mind. Due to the nature of the agreement, it is generally not possible to change the terms of the agreement. That being said, you can sign a temporary agreement that only covers what is going to happen while you and your soon-to-be ex-spouse are waiting for the final divorce.
A well-written separation agreement can go a long way in simplifying the divorce process.
If you are still living under the same roof when you enter into a separation agreement, you will want to ensure that the agreement you are signing is only temporary. It will be important to renegotiate certain terms once you and your spouse are no longer living together.
Child Custody and Visitation During Separation
If you are still living in the same house as your spouse and children during the separation, you may think that child custody and visitation are not important. However, that is rarely the case. Parents often have disagreements as they learn how to co-parent, and these disagreements are frequently exacerbated by living in the same home. It is not uncommon for judges to enter visitation agreements.
If the parents are not able to work together, the judge may give one parent primary custody during the pendency of the divorce. So, even though you may be living with your soon-to-be ex-spouse, you may not be able to make decisions regarding your children.
When negotiating terms for child custody, securing the services of an experienced Richmond custody and visitation lawyer can be critical for ensuring that your interests are protected.
Child and Spousal Support During Separation
Even if you are living in the same home, a judge can order that one party pay child support and spousal support. In fact, it is very common for judges to order this to ensure that one party is not able to manipulate the other party financially during the divorce.
The parties can come to an agreement regarding support. However, it is very important to remember that the laws governing agreements on child support and spousal support are very different.
With child support, the court can modify the amount of support if there has been a substantial and material change. For example, moving out of the home could be considered a change necessary for this modification. Spousal support is much different. If you come to an agreement regarding spousal support, the court is bound by the terms of the agreement.
It is not uncommon for the parties to draft an agreement regarding spousal support only later to find out that it can’t be changed. It is extremely important, whether you are going to be receiving or paying spousal support, to ensure that the terms of the agreement are appropriate. Hiring an experienced Richmond spousal support lawyer is the best way to ensure your interests are protected throughout the process.
Reach Out to an Experienced Richmond Separation Attorney Today
The separation period between marriage and divorce can have a significant impact on your life with lasting repercussions. Securing the services of an experienced separation lawyer in Richmond can be vital for ensuring that you are protected throughout your separation and during your divorce.
Contact us today by filling out the contact form on our website or giving us a call and schedule your free consultation.
