Legal Question in Family Law in Virginia
Seperation
If two persons are married living together with a minor, both parties agree on mutual seperation of property, child support and all materials, what is the cheapest way to devorce. Would seperation papers and then finally after a year of seperation with no contact be sufficient for a no fault- inreconcilable difference devorce? We would like legal seperation paperwork so we can settle all areas on paper and live seperate lives, as if we were un-married. Where can we get the documentation and how much roughly will they cost us?
2 Answers from Attorneys
Re: Seperation
Title 20 of the Virginia Code mandates a separation of the spouses (with one or more children)for a period of one year with no intervening cohabitation in order to establish the grounds for a no fault divorce.
Virginia domestic relations law does not formally recognize the concept of legal separation and
makes no provision for the filing of "legal
separation papers".
The type of agreement you have described in your
query that would settle the various issues that you have referenced would normally be contained in a property settlement agreement which at some point would be incorporated in the FINAL DECREE OF
Divorce or DISSOLUTION OF MARRIAGE.
For futher information on this subject, you might wish to consult the DivorceHdqtrs.com.website.
Re: Seperation
You should contact an attorney and have that attorney draft a property settlement agreement. Most attorney charge a flat fee for such an agreement. Once the two of you sign the agreement then you need to wait out the one year (in VA) for a no-fault divorce and then you file for divorce.
If you have any questions, please do not hesitate to contact me at 703-968-3974.
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