Spotsylvania Separation Agreement Lawyers
Virginia law firm negotiates and prepares enforceable contracts
Virginia law does not provide for legal separation. However, spouses who wish to live apart but retain their status as a married couple can do so through a separation agreement. The attorneys at Simmons and Hodge, PLC negotiate and draft enforceable separation agreements that safeguard our clients’ rights and interests. Based in Spotsylvania, we serve clients throughout the Fredericksburg region.
What is a separation agreement?
A separation agreement is a written contract between spouses who live apart and want to settle such issues as property and debt division, spousal support, child custody and visitation and child support. Spouses can file for no-fault, uncontested divorce after six months of living under a separation agreement if there are no children of the marriage or after one year if they have children. The agreement can lay the foundation for a marital settlement that becomes part of the divorce decree.
Separation agreements are not only for couples headed to divorce. They can be valuable even if you choose to live apart indefinitely without divorcing. They outline how issues from the separation will be addressed, providing clarity and reducing confusions and disputes. We can advise you about how a separation agreement may be beneficial for your situation.
Do I need a separation agreement to live apart from my spouse in Virginia?
If you wish to live apart from your spouse but remain married, you are not required by law to have a separation agreement But there are succinct reasons for having one, such as the following:
- It preserves eligibility for health insurance and other benefits that are based on marital status.
- It clearly outlines who pays for what (mortgage, bills, debts), preventing disputes later.
- It can specify ownership and division of income or expenses.
- It can establish terms for support payments without needing a court order.
- If children are involved, the agreement can set custody schedules, visitation, and child support.
If divorce happens later, the separation agreement can often be incorporated into the divorce decree, saving time and money.
What is the process of preparing a separation agreement?
For a separation agreement to be enforceable, it must have been entered into voluntarily by both parties, without coercion or duress. The document must be in writing and signed by both parties and be fair to both. Once incorporated into your divorce decree, the agreement becomes a court order. Our lawyers will ensure your agreement is properly drafted and executed. If the agreement was drafted by another party, we can review it before you sign it to ensure that your rights are not violated.
What if we want a separation agreement but cannot agree on issues?
If you do not agree on the terms of separation, we may be able to help you negotiate agreement with your spouse. Another avenue to reaching agreement is mediation, a process in which a trained and neutral third party helps spouses reach compromise and consensus. A mediator will not make decisions for you but can guide you toward agreement. Should you choose mediation for your separation agreement, our law firm can act as your legal advisor on decisions made during the process.
Contact our Spotsylvania law firm for assistance with your separation agreement
Simmons and Hodge, PLC, negotiates and prepares enforceable separation agreements for clients residing in Spotsylvania County, Stafford County and the greater Fredericksburg area of Virginia. To schedule a consultation with one of our attorneys, call 540-710-7800 or contact us online.
