Abogado Separación Legal Abogado Acuerdo Separación Virginia Divorcio

Ending a marriage can be extremely depressing and devastating. The couple can’t believe their world has been turned upside down. In situations like this, if you get effective advice from a lawyer, you may be surprised to find that divorce can give you a chance to start a new life. If you want to start a renewed life, the proper termination of your marriage becomes essential. It is here that you will learn why divorcing clients prefer legal separation.

If you have decided to file for divorce by legal separation, contact attorneys in Virginia who will tell you how to file for legal separation.

VIRGINIA LEGAL SEPARATION LAWS

If you are thinking about getting divorced, you should know about  Legal Separation in Virginia . Please note that Virginia does not recognize legal separation. However, no-fault divorces recognized in the State are close to the concept of Legal Separation recognized by other States.

GENERALLY, LEGAL SEPARATION REQUIRES TWO ELEMENTS:

• The intention to end the marriage is the will of both or either party and
• There is no coexistence between the spouses

VIRGINIA BED AND TABLE LEGAL DIVORCE

Such divorces are close to legal separations executed by other states. Practically, VA residents do not prefer this type of divorce. It is very rare for the court to order a divorce from bed and board. When a spouse’s religion forbids divorce, a divorce from bed and board is granted. Sometimes VA attorneys proceed to file for divorce from bed and board during the usual divorce waiting period.

Virginia grants divorce based on legal separation if the parties can prove that they remained separated. The period of separation differs depending on whether the parties have children.

• When the parties have children, the period of legal separation in Virginia is one year
• When the parties have no children and a separation agreement exists, the legal separation period in Virginia is six months.

In no-fault divorces in Virginia, two legal steps are required to comply: the parties must intend to remain separate, and there must be a physical non-cohabitation between the parties.

IS DIVORCE WITHOUT FAULT DIFFERENT FROM DIVORCE BASED ON FAULT IN VIRGINIA?

Yes, no-fault divorces are different from fault divorces. While no-fault divorces in Virginia are based on proving legal separation, no-fault divorces are granted on various grounds like cruelty, adultery, willful desertion, constructive desertion, felony conviction, etc. No-fault divorces in Virginia do not require any specific reason and proof of legal separation for the specified period is sufficient.

LEGAL SEPARATION IN VIRGINIA WHILE WE LIVE TOGETHER

Divorce attorneys in Virginia are repeatedly asked if legal separation in Virginia requires moving out of the marital home. Your attorney will first alert you that although legal separation is not recognized in Virginia, no-fault divorce is acceptable. To obtain a no-fault divorce, it must be shown that the parties have not lived together for one year or six months, as your case requires.

Clients approach divorce attorneys for proof of legal separation in Virginia. They frankly admit to their attorneys the legal and financial complications of physically staying in different homes in Virginia. Such discussions include details about the alarmingly high rents they have to pay during Legal Separation in Virginia and how this is an unexpected financial burden on the income of the separating spouse. Experienced divorce attorneys will advise such clients to continue to reside in the same home as their spouse.

Now this must be confusing to you. How is legal separation possible in Virginia when both parties reside in the same household? The attorneys you consult will make it clear to you that living in the same household can be considered legal separation for a no-fault divorce in Virginia if other conditions are met.

What are these other conditions? Please note that legal separation in Virginia requires that the parties maintain a firm intention to remain separate and apart. In addition, Legal Separation in Virginia requires that the parties remain adamant to their wishes and stop cohabiting with each other. If the parties retain these two elements, then the legal separation for a no-fault divorce in Virginia has been met.

DO’S AND DON’TS OF ESTABLISHING LEGAL SEPARATION IN VIRGINIA WHILE LIVING IN THE SAME HOUSEHOLD

The Virginia attorney hired for your legal separation divorce case will advise you to refrain from sharing a bedroom with the other party. The parties must cease to have an intimate relationship. In addition, you will be required to stop sharing meals with your spouse to indicate your intent to legally separate in Virginia. Your close friends and family in Virginia should be informed of your decision to legally separate. However, please note that posting about these topics to your Facebook account will not accomplish the goal.

The parties should no longer be involved in joint purchases for the home such as groceries and other household items. You should also stop attending parties or other functions with your spouse to openly declare your intention of non-cohabitation in Virginia. The skilled attorney you hire for your case will strongly advise you to ensure a third person visits your home to corroborate your date of Legal Separation in Virginia.

It is also recommended that the parties divide their finances and stop withdrawing or depositing funds in joint bank accounts. In the future, the parties must maintain separate bank accounts. In the cases of children, it would be advisable to establish a schedule in which both parties have individual time with the children. Although breaking the news of the divorce to minor children can be challenging, the couple needs to keep the children informed of their decision. Your attorney will insist that you cut back on family time with your spouse and children.

To learn more about proving legal separation in Virginia, consult the divorce attorneys at the Law Offices of SRIS, PC Our Virginia divorce attorneys have handled several cases just like yours and can easily obtain a no-fault divorce based on the legal separation in Virginia.

HOW IS THE LEGAL SEPARATION INTENTION ESTABLISHED IN VIRGINIA?

A Virginia attorney who can explain legal separation will tell you the importance of showing intent to remain separated. Proof of intent to legally separate in Virginia can include communication between the parties, including email, text messages, and voice messages. Clients deciding on legal separation in Virginia are careless and are quick to mention their intention verbally to the other party. In such cases, when disputes arise over the date of legal separation in Virginia, the party alleging a particular date will have no evidence. The only reference in such cases in Virginia is the conversation with the other party informing the Legal Separation.

HOW IS THE DATE OF LEGAL SEPARATION DETERMINED IN VIRGINIA?

Virginia courts generally list the date specified by the parties as the date of legal separation. Parties to a no-fault divorce in Virginia must list the exact date of legal separation in their divorce petition. If the defendant also mentions the same date mentioned by the plaintiff as the date of the couple’s separation from her in Virginia, then a divorce can easily be obtained. However, if the defendant argues another date in the counterclaim, then the divorce is complicated. At this point, the assistance of divorce attorneys experienced in handling these matters is crucial.

WHY IS THE DATE OF THE LEGAL SEPARATION CRUCIAL?

You may be wondering what makes the date of legal separation controversial in a no-fault divorce in Virginia. His attorney will warn him of the consequences of stating the wrong date of legal separation in Virginia.

The date of legal separation is significant for two reasons. One, it is the date of legal separation that decides when you get a divorce from her. Two, it is the date of legal separation that determines which assets are marital property, wholly separate property, and partially separate property in Virginia.

For example, imagine a situation where the husband and wife separated on a specific date and it is the husband who wishes to remain separated from the wife. Based on the husband’s intention, she has begun the period of Legal Separation in Virginia. During the transition period between divorce and non-cohabitation, the husband buys goods with his income. In such a case, if the wife contends that the date of legal separation was a date after the husband’s purchase of the Virginia asset, the no-fault divorce will be complicated. If the court relied on the wife’s arguments and issued an order granting an equitable share in the new asset purchased by the husband, wouldn’t that be an unfair distribution of property?

Because of these reasons, the Virginia divorce attorneys you consult will repeatedly emphasize the legal complications associated with not keeping proof of the date of non-cohabitation in Virginia.

SETTLEMENT AGREEMENTS IN DIVORCES WITHOUT FAULT IN VIRGINIA

Separation agreements remain a hallmark of no-fault divorces. When the parties decide to end their marriage, they are faced with several issues that require their immediate attention. They have children whose custody and support becomes a big issue. Also, if one of the parties has been the non-earning spouse, their survival is also one of the many questions that require immediate answers.

To put an end to such conflicts, the attorney you consult will tell you how an agreement that mentions these provisions can make life easier. Keep in mind that marriage agreement drafting requires excellent skills that only experienced attorneys possess.

HERE IS A QUICK UPDATE ON WHAT ONE SHOULD REMEMBER REGARDING A SETTLEMENT AGREEMENT:

• The legal settlement ends all disputes related to child custody and support.
• The legal agreement should contain clauses about spousal support to prevent you from stressing over any other side proceedings initiated by your spouse requesting spousal support.
• The legal agreement must be detailed to include all provisions that are relevant to your case and must not leave room for future litigation.
• By drafting a custom version of the legal agreement, you are in control of the entire process and can always negotiate and remove provisions you don’t want.
• The legal agreement reduces the discretionary powers of the court to make orders on the division of the property.
• Issues unique to your case, such as the possession of traditional jewelry or funding for your children’s higher education, can be discussed, negotiated, and resolved in the settlement rather than contested in court.
• Once the legal agreement is signed, after the expiration of the specified period of non-cohabitation, the parties are entitled to a no-fault divorce in Virginia.

In addition, the agreement ends any conflict on the date of non-cohabitation, since both parties mutually agree on a date and enter the same in the agreement. With this, most of the crucial issues about your divorce are resolved by agreement, thus paving the way for a quick divorce.

IS IT REQUIRED THAT THE AGREEMENT BE DRAFTED BY A LAWYER IN VIRGINIA?

Some people make the mistake of proceeding with a no-fault divorce on their own. This decision is made based on the information provided on the Internet. Internet sources frequently claim that no-fault divorces are simple and easy. Such information causes VA residents to file for divorce on their own without the help of professionals.

These people, who were initially excited about the process, will find it disconcerting. Only experienced attorneys know the nuances involved in fast filing. Self-filing parties are often misled by information on the Internet. When visiting the courts, they realize that the reality is different from what is found on the Internet. With the divorce process halfway through, the person may resort to hiring an attorney, but by then the damage to the case would have been done.

Likewise, clients often confidently use agreements found on the Internet for their divorce, naively believing that it is the best suitable agreement for their case. Sometimes these clients even manage to obtain a divorce based on such agreements. However, in a few months, the client will start to face practical problems in implementing the deal and then realize his folly in opting for the do-it-yourself deal.

When you seek the assistance of attorneys who have efficiently handled marital agreements, you will be given an agreement customized for your case. This agreement will contain all clauses relevant to your case. Your attorney will design clauses after a thorough analysis of your case and in-depth deliberation as to what problems can arise in the implementation of the agreement. In drafting these agreements, the lawyers keep in mind that the relationship between the parties is prone to change drastically after the divorce. Even if the parties are cordial in their conversations, the relationship may worsen and they will no longer be in talking terms. All these future issues are anticipated by your lawyer in drafting the marital agreement.

Your Virginia attorney will explain the permanent effect of the marriage agreement. After this agreement is signed and a no-fault divorce is obtained, this agreement becomes binding on the party who signed it. Due to the binding nature of the agreement, extreme caution should be exercised when signing it. Your attorney will realize that having lengthy discussions and negotiations is better than signing an agreement with the wrong provisions. It is always advisable to insist on clearing all the doubts associated with the agreement. The marriage agreement can only be annulled if the alleged party maintains that she was forced to sign by exerting undue influence or that the agreement is inconceivable.

Marital discords often result in divorces that require Legal Separation in Virginia. If you and your spouse are constantly arguing about even trivial issues and are not able to tolerate each other’s presence, then it is time to think of parting ways. You need to approach lawyers in Virginia who have the right expertise in dealing with Legal Separation and helping clients sign agreements to resolve the issues if there are definite signs that your marriage is on the verge of a breakdown.

If your Virginia divorce attorney listens to you patiently and doesn’t mind discussing your cases in repeated meeting sessions, you have chosen the right attorney. It is important to hire an attorney who treats you professionally. You and your case must remain the priority of the law firm. An experienced attorney will always inform you of the proceedings of your case well in advance. No court hearing will surprise you. Remember, trustworthiness is important in attorney-client relationships, so it is always wise to hire attorneys who will maintain your trust and who can keep all dissolution of marriage information confidential.

Seek the help of the attorneys at the Law Offices of SRIS, PC for your case and receive all the information on how to proceed with a divorce in Virginia and begin your legal separation.