A separation agreement can set forth terms relating to support, property maintenance or division, preservation of assets and many other issues for parties to a divorce. Even if there is a fault based grounds, the parties do not have to use those grounds to file. It is up to the parties. For example, if a wife has been involved in an affair and her husband has found out but does not want to proceed based on that, he is well within his rights to wait out the required period of time and file based on the separation grounds.
That is entirely within the control of the parties as to whether to pursue the fault basis for divorce. There are many considerations to take about Fairfax separation agreements, as cases can get complex. If you are considering getting a separation agreement, it is important to contact a skilled family lawyer to help you through this difficult time.
Collaborate Divorce and Separation Agreements
A separation agreement, if it just deals with the separation and interim issues, can be useful in terms of collaborative divorce. It starts the parties on their own in the cooperative standing, meaning if the parties have been successful in resolving certain issues before they start negotiating the divorce, it can grease the wheels for future successes throughout the process.
In terms of a collaborative divorce, if the parties are able to resolve some or all issues, then what will come out of the collaborative divorce is a settlement agreement.
That will be something reflecting the terms of whatever the parties have agreed to in the context of a collaborative divorce.
Some fault-based divorces allow parties to file before the waiting period. There are certain circumstances where that could create a toxic and perhaps dangerous environment if those grounds do not exist. For example, if one spouse is cheating on the other spouse and that spouse does not have the ability to file something and be able to leave the marital home without being held at fault, that could be damaging to the entire family.
Considering a Fairfax separation agreement is essential when it comes to determining fault-based ends of marriage, particularly in cases of physical abuse. If the party that is the victim of abuse did not have the ability to go to the courthouse and file papers saying they want out of the marriage, it could theoretically put them in a situation where they will continue to be subjected to that.
Role of a Lawyer
A skilled family law attorney has the ability, based on experience and training, to draft a strong Fairfax separation agreement. In several cases, parties try and put together their own separation agreement and because they do not know the law of divorce in Virginia, even the best-intentioned people can remove things that are not enforceable, or have some big issues overlooked.
One of the most important roles that a lawyer plays is making sure, even if the parties can agree to the terms on their own, that the agreement drafted is enforceable and considers the various possibilities in terms of what the law can or cannot change in that agreements and what the rights may be of that person currently and in the future. It is the most important role of an attorney in that process.
An attorney knows how to draft all of that paperwork and knows the separation agreement considerations in Fairfax both of the law and of the particular jurisdiction. Parties who might have already resolved the issues in their case and be proceeding with an uncontested divorce should still contact an attorney and retain counsel to file moves on their behalf, because the process will go a lot more smoothly if an attorney is assisting.