Learn All About Separation Agreements in Virginia

Get the Scoop on the Separation Agreements in Virginia!

If you are a Virginia resident looking to get a separation agreement, look no further! We provide you with all relevant information regarding separation agreements in Virginia! Assistance with other legal documents, such as a parenting plan, is also something that we can help you with!

You don’t have to draw up agreements by yourself any longer—!

Understanding the Virginia Separation Agreements

Legal separation is a legal arrangement that allows a married couple to live apart while staying officially married. The difference between a legal separation and a divorce is that with a legal separation, you can deal with the division of assets and other aspects a divorce would cover but still stay married. It’s a common alternative to a divorce—both arrangements deal with custody terms and child support.

In Virginia, unlike in many other states, the courts don’t grant a legal separation. If you want to live separately from your spouse in Virginia, you can move out and sign a separation agreement.

The separation agreement ensures that if divorce does occur, it will be considered a no-fault divorce. By signing a separation agreement, you and your spouse will:

  • Live apart
  • Divide the marital property in a way you both agreed on
  • Provide visitation rights and child support if your children are minors
  • Agree to other provisions, such as spousal support

In Virginia, leaving your spouse without the separation agreement can be deemed as spousal desertion. In such cases, the ‘deserted’ spouse can usually file for a fault divorce a year after the other spouse leaves. If a court decides it is a fault divorce, a larger part of the assets and property could go to the ‘deserted’ spouse.

For the divorce to be deemed as a no-fault divorce, you will have to:

  • Have the separation agreement in place
  • Separate from your spouse and live apart for six months if you don’t have minor children (12 months if you do)

Once all of the above-mentioned requirements are met, you can file for a divorce on no-fault grounds.

What Should My Separation Agreement in Virginia Include?

The separation agreement should cover the following aspects:

  1. Property and debts division
  2. Visitation of minor children
  3. Child support payments
  4. Spousal support
  5. Health insurance
  6. Disposition of the marital home
  7. Pension plans and other retirement assets

Property and Debts Division

Property and debt division is usually the most stressful part of the divorce and separation processes. To avoid any mishaps and confusion, make sure to include a clause at the beginning of your separation agreement stating clearly how the property and debts will be divided.

Visitation of Minor Children

You will have to decide who the primary caretaker of your children will be. Discuss when the other spouse will be allowed to visit them and specify all the details regarding the rights of the other spouse that concern the children.

Child Support Payments

Negotiate and agree upon the child support payments that one spouse will be giving to the other. Include all details about the amount, the time when the payments will be made, and the methods of payment.

Spousal Support

You may be eligible for getting spousal support that covers the basic expenses during the divorce process, such as food and housing. Discuss this and state the decision in this section.

Health Insurance

When you separate from your spouse, you are usually no longer allowed to be a dependent on their health insurance. Make sure to specify the details of that here.

Disposition of the Marital Home

The marital home is one of the biggest marital assets, so it’s relevant to discuss how you will deal with it. One of the spouses can keep living there and pay the other spouse a certain amount to buy the house out or choose a different way to deal with it.

Pension Plans and Other Retirement Assets

Reach an agreement on how the pension plans and retirement assets will be divided between the former spouses and state it clearly.

Curious How You Can Create Agreements the Simple Way? DoNotPay Is the Answer!

What if we told you that you don’t have to go out of your way to find easy and efficient methods to draft a contract or—even better—that you can have our app generate the document for you? 

The process is simplified to a T, and there is no faster way to have your agreement set and ready to go! All you need to do is complete the simple instructions provided below, and you will gain access to your document easy-peasy!

  1. Provide us with the name of the document you want us to generate
  2. Supply us with some additional info, like the names and addresses of the parties involved

You and the other party will have to sign the document. Depending on the document in question, you may have to notarize it as well. Once you are done with that, your contract will be ready.

We can create numerous contracts and assist you in drafting an abundance of legal documents! If you are looking for assistance with any of the agreements we listed below, our app provides you with the most efficient instructions for drafting the following documents:

Business Agreements

Other Documents

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