Virginia separation requirements dating
Before you sign any type of agreement, even an informal one, you should discuss the legal and practical effects of the agreement with your attorney.
The choices you make in your separation and divorce may have lasting effects for the remainder of your life, and the lives of your children.
Steps in the divorce process The first step taken to begin the process of divorce in Virginia is for a plaintiff to file a petition with the local district family court.
The other spouse will be served with the complaint and have 21 days to respond if they so wish.
Likewise, if a debt was incurred during the marriage, it is presumed to be a marital debt, and may be allocated between the parties, regardless of titling.Spousal support Judges take many factors into consideration when awarding temporary or permanent alimony, including: • The length of the marriage • Property belonging to both spouses • The tax consequences for both spouses of any alimony awarded • Each party’s earning capabilities • Any conditions that would make it important for the person seeking alimony not to work outside of the home, such as taking care of a child Child support Judges are permitted to take any information they consider relevant into account when awarding child support, including: • Both parents’ education level and earning capabilities • Any financial resources the child may have • The standard of living the child experienced during the marriage Fathers’ and mothers’ rights Judges are similarly free to take any factors other than gender into consideration when resolving child custody issues.Often, clients who see me for an initial consultation arrive with information they may have learned from friends, family, or the internet – information which may not be accurate.However, if you and your spouse are living separately and you want support or other relief but you do not have grounds to file for divorce, you may qualify to file an action for “separate maintenance.” In most cases you have to live separately for a year to qualify for a divorce in Virginia.However if you have no minor children and have executed a separation agreement, you can be divorced in six months.
The following are six common myths I have heard regarding separation and divorce, and the facts about each.