How do you get separated? Virginia defines separation as having two elements: first, the spouses must start sleeping separately, and second, one spouse must have the intent that the separation be permanent. In some cases, it can be unclear when the separation started.
Frequently, spouses may start a separation only to reconcile and then separate again. Schedule your free meeting with our team today to see if our Lawyers can help you. However, there is no requirement to sign anything in order to begin a marital separation. If your spouse has presented you with an agreement, make sure you take the time to review it and get professional advice before signing anything. In order to file for divorce based on separation , you must have been separated for the required time period.
Spouses with no minor children and a signed agreement can initiate a divorce in Virginia after 6 months of separation. Couples with minor children or without a signed agreement must have been separated for one year before they can file for divorce. For the court to determine the length of the marriage, property obligations, support obligations, and valuations, a separation date will need to be established.
When the court divides property including real estate, retirement accounts, and investments, it will review the value of the asset on the date of marriage compared to the value on the date of separation. Each party is entitled to the marital share of the increase in value over the course of the marriage. With debt accounts, the court will want the same information. No matter whether the account is held in one or both spouses names, any debt incurred during the marriage is presumed to be marital.
The length of the marriage is an essential factor in determining whether and how long spousal support will be paid following a divorce. Click to contact our family lawyers today. The court will require evidence in order to determine the date the parties separated.
