Legal Question in Family Law in Virginia

nearing one year seperated want to settle

what happens if i do not go before judge when one year is up does my seperation agreement become void, also there is alot of money in marital property however he has agreed to settle.can i draw up property settlement and present to court.


Asked on 9/19/04, 11:03 am

2 Answers from Attorneys

Shane Jimison Jimison/Homiller, PLC

Re: nearing one year seperated want to settle

I need more info- I can't tell if you have a separation agreement and are looking to divorce at the 1 year mark or do you not have a separation agreement? feel free to email me privately at [email protected]

Shane

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Answered on 9/19/04, 11:10 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: nearing one year seperated want to settle

In the Commomwealth of Virginia there is no legal status formally recognized as a "legal separation"

in the state's domestic relations law.(You, of course, can have any agreement that you wish with your spouse to govern the terms of your separation and can call it whatever you please.)

However, if such an agreement is to be presented to the court which includes the disposition of marital property, it should be in the form of

a document known formally as a property settlement agreement (PSA),which may be filed with the court and later incorporated within the terms of a final decree of divorce, if such is to follow.

You should have counsel experienced in this area of domestic relations law to draw up this PSA document and to advise you on its terms to ensure that you fully understand its import and are in fundamental agreement with all that it says before it is filed with the court.

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Answered on 9/19/04, 2:43 pm


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