Virginia Beach Legal Separation Lawyers
Helping couples split up simply and amicably throughout Hampton Roads, Virginia
Virginia does not have a court process for becoming legally separated, as some other states do. However, those who choose to live apart can enter a legally binding marital agreement concerning their property rights as well as their rights and obligations to their children. At Ernest Law Group, PLC, our Virginia Beach legal separation lawyers help spouses negotiate and draft separation agreements that allow them to live apart while protecting their rights under the law.
Why Virginia Beach couples might make their separation legal
Married couples sometimes need a break from each other, and trial separations often lead to successful reconciliations. But whether you believe your separation is going to be short- or long-term, it’s prudent to take legal steps to secure your rights.
As a spouse, you are entitled to an equitable share of marital assets, namely those acquired during the marriage. You might even be entitled to spousal support. But unless you secure your rights, your spouse could move or despoil financial assets, forcing you to endure unnecessary hardship. Your children are entitled by law to financial support from both parents and you need to be certain that your spouse will contribute to their upbringing. Likewise, the spouse who moves out of the home might want to maintain contact with the children but cannot be assured access without a legally binding agreement.
A separation agreement can resolve all the issues that you would have to settle to obtain a divorce. Individuals might not want a divorce for religious reasons or may wish to prevent the discontinuation of spousal benefits such as health insurance or pension rights. But they still need to settle the core financial and parenting issues to live securely apart.
Moreover, a legal separation agreement can lay the groundwork for a swift, uncontested divorce when the parties are ready. Virginia law requires spouses to live separately for at least six months to obtain such a divorce.
How is a legal separation different from divorce?
Legal separation resolves all the issues relevant to divorce while preserving the marriage. The parties remain in wedlock and are not free to marry anyone else.
The process for a legal separation in Virginia
There is no court process for becoming legally separated in Virginia. The spouses simply execute a voluntary marital separation agreement, which becomes legally binding.
Agreement on the issues in an uncontested divorce
If you are comfortable living apart, and you want to take the next step, you should consult a Virginia Beach uncontested divorce lawyer. The court can use your marital contract as the basis for a divorce decree.
How long does a legal separation take in Virginia?
Since there is no court process, you can be legally separated as soon as you negotiate and execute your settlement agreement. Working with experienced divorce lawyers, you might be able to finalize an agreement within a matter of weeks. Success in negotiation, or in mediation if you choose that route, depends on the willingness of the parties to cooperate and participate in good faith.
Contact our Virginia lawyers for your legal separation agreement
At Ernest Law Group, PLC, in Virginia Beach, we represent spouses throughout Virginia who want to protect their rights with legally enforceable separation agreements. Call us at 757-289-2499 or contact us online to schedule a consultation with an experienced attorney.
