If you and your spouse have agreed to separate before divorce, or as a long-term arrangement, you will need to agree on the same terms that a court would have to resolve in a divorce. These include the division of marital property, child custody and visitation arrangements, child support, and spousal support. Because these terms will likely remain in effect until your divorce is finalized, it is important to seek the assistance of an attorney who could negotiate for the best outcome possible.
An experienced Colonial Heights separation agreements lawyer from Capital Family & Divorce Law Group could help you with this entire process.
What Is the Mechanism for Legal Separation?
While some states allow couples to implement legal separations, it is not possible to instruct an attorney to do so in Colonial Heights. This can have implications for divorce. During a separation, for example, the assets and debts each spouse acquires may be considered marital, which could impact the division of the marital property.
Fault-Based Divorce
The state awards fault-based divorces that are predicated on one spouse’s wrongdoing, such as adultery, cruelty, or abandonment. Most divorces in the state, however, are no-fault, and a period of separation must be demonstrated.
Separation Requirements
To obtain a no-fault divorce, couples generally need to be living separate and apart for one year. If no minor children are involved, however, having a separation agreement in place and living separately and apart for six months will suffice.
Having a separation agreement in place can help navigate the separation process, and working closely with a dedicated separation agreement attorney in Colonial Heights is the best way to protect financial and parental rights throughout a separation. Further, the separation terms established could directly affect future divorce terms, which amplifies their importance.
Living Separate and Apart
A key element of separation prior to divorce is living separate and apart in Colonial Heights, which an attorney could include in a formal agreement. This requires physical separation and intent, but does not necessarily require separate residences.
Physical Separation
To achieve physical separation, one spouse generally moves out of the family home. Couples can, however, achieve the required physical separation while continuing to live under the same roof for the required 6 to 12 months. It requires a breaking off of marital relations, and the intent in the mind of at least one of the parties that the separation would be permanent.
Intent
For the period of separation to count toward a no-fault divorce, there must also be an intent to end the marriage. This requires at least one spouse to inform the other of their intention to seek a divorce, preferably in writing.
Dating During Separation
There is no reason to avoid dating when legally separated or after a separation agreement is signed. However, engaging in a sexual relationship outside marriage before divorce legally constitutes adultery. Adultery could affect the terms of a divorce, including decisions on child custody. Additionally, adultery can be cited in a fault-based divorce and could potentially affect the terms decided by the court. Speak with an experienced Colonial Heights attorney about how dating could impact a separation agreement.
Separation Agreement Terms
Separation agreements are voluntary contracts drawn up by Colonial Heights attorneys that set out each spouse’s rights, obligations, and interests. If, however, spouses are unable to negotiate mutually acceptable terms, they can seek court intervention.
The Division of Marital Property
Property division must be equitable, which means fair in light of the given circumstances. Those assets that each spouse jointly or separately acquired while married are considered marital property that must be distributed fairly upon divorce.
Child Custody Arrangements
Courts award legal and physical child custody. Legal custody addresses parental decision-making authority, while physical custody addresses parenting time, or visitation.
Child Support
Child support is based on each parent’s income and the amount of parenting time each receives. This payment system is based on the state’s calculation guidelines.
Spousal Support
Spousal support is not an entitlement, but is determined according to the unique circumstances that apply. Generally, spousal support is only awarded when the divorce or separation leaves one spouse without the means to continue supporting themself while the other is financially able to help.
Call an Experienced Separation Agreements Attorney in Colonial Heights
A capable Colonial Heights separation agreements lawyer at Capital Family & Divorce Law Group recognizes the importance of your separation agreement and is well-equipped to advocate for advantageous terms on your behalf. For more information and to schedule a discussion, please contact the firm online or call and speak with a team member today.
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