There are different types of separations. A trial separation is an informal separation where you live apart and see if a separation or divorce is ultimately what you want. Many couples do this when they have marital problems. Divorce and legal separation are valid and useful options to consider if you are facing a failed marriage. Take the time to think about what works best for you. Not all states offer legal separation as an option, so it`s important to determine your state`s laws. If legal separation is allowed in your state, you can get legal separation by filing a separation agreement. You can also get one by applying for separation, just as you would file for divorce. You can even try if you disagree.
Another reason why a couple may opt for a legal separation is that they are not sure whether or not they want a divorce. Legal separation is different from trial separation, where a couple simply lives apart without legally changing their status. A legal separation forces the couple to make decisions about the same issues they would need in a divorce, such as custody and division of property. However, they can get back together and “marry” again much more easily if they change their mind about separation. Separation agreements are contracts that can be used to regulate all rights, interests and obligations of parties separating or withdrawing from it. In Virginia, separation agreements are commonly referred to as “marriage settlement agreements” or “property settlement agreements.” Separation, as opposed to abandonment, is separation from your spouse, whether at home or outside, while working according to the rules and norms of marriage, such as sharing marital obligations and duties. Usually, separation and the terms of separation are discussed and agreed, while desertion is more of a unilateral action by one party, leaving the other party burdened with all marital duties and obligations. Second, a separation agreement written for you by an experienced family law attorney usually includes a variety of provisions to protect your interests under Virginia law. A generic online form contract that is not state-specific and not tailored to your individual needs can leave you unprotected and vulnerable to very bad financial consequences. At the heart of any separation agreement are its provisions, which address the main issues between the parties: property and debts, spousal support, custody, access and support, etc. However, separation agreements usually also contain a number of model provisions that can have very interesting legal consequences. These boilerplate provisions address issues such as: non-interference; to divorce only for reasons without fault on his part; lawyers` fees; Application; financial disclosure; Reconciliation; amendment of the agreement; and much more.
For more information, see Standard provisions in Virginia separation agreements. What comes closest to the nature of legal separation by other states is what`s known as the “bed and board divorce,” which is limited to cases based on errors and is very rarely granted in Virginia. Legal separation can be a step on the road to divorce. It allows a couple to solve all the important issues (custody and financial matters) in their lives while keeping the marriage intact and determining what they really want. Legal separation is reversible. Many people consult a lawyer in similar situations. They signed something in the hope of gaining trust in their spouse, with a view to eventual reconciliation. But what these people usually didn`t realize — until far too late — is that when reconciliation falls apart and the parties finally separate, under Virginia law, they are almost always bound by the terms of the agreement they signed. The important difference between divorce and legal separation is that your marriage is officially terminated when you divorce.