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Feb 2, 2015 · Virginia courts do not grant legal separations. However, couples may create a separation agreement — also called a property settlement agreement.
§ 20-155.Marital agreements. Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective ...
Except for child custody and child support, separation agreements are binding, forever, for both parties. Virginia law allows judges to modify or review child custody and child support decisions at any time when it would serve the child's best interests.
Jan 26, 2024 · A separation agreement is a legally binding contract that outlines the terms of your separation. This agreement can be reached at any time during the separation process, and will typically cover issues like child custody, child support, spousal support, and property division.
Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof. It is strongly advised, though, that they enter into a separation agreement, also called a marital settlement agreement or property settlement agreement.
Virginia law allows for no-fault divorce on the grounds of (a) living “separate and apart” for one year or (b) living separate and apart for six months with a separation agreement in place and no minor children. Unlike many states, Virginia does not have a procedure for obtaining a status of “legal separation” in these no-fault cases.
Q. How long are the parties bound by a Marital Separation and Property Settlement Agreement? Q. Do the courts review the fairness of a Marital Separation and Property Settlement Agreement? Q. What is the difference between "marital property" and "non-marital property"? Q. How is property divided in Virginia?
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