Virginia separation agreement pdf
The agreement is something that both people in the marriage use to formally divide their assets, debts, and other marital responsibilities so that each party experiences a fair separation from the other.
They must be in writing and signed by all parties. Each person must have received independent legal advice before signing the Financial Agreement.
A properly drawn-up separation agreement will act as a legally enforceable contract between you and your spouse when you divorce. It will not end your marriage or initiate divorce proceedings but will document how you will handle your mutual affairs, such as property division, parenting, spousal support, and so on.
If you are separated under the one roof, it is important to get legal advice. While you do not need, by the letter of the law, to engage a lawyer for all stages of a separation or divorce it is vitally important to understand your legal rights. Do you have to be legally separated to get a divorce in VA? However, you do need to be physically separated for at least 6 months often a year, if children are involved to file for divorce.
When a marriage is failing, spousal abandonment usually means that a divorce is imminent. In Virginia, the quickest divorces are uncontested. State laws dictate you must be legally separated from your spouse for at least 1 year before you can begin divorce proceedings, but once you have filed for divorce, a simple case can be completed in a matter of months.
That being said, most divorces take much longer. It is illegal to lie about the date of separation. Once the divorce complaint is served on you, you have 30 days to answer the complaint.
You need to file an answer to dispute the date of separation alleged in the complaint. Answer: Yes, you can be separated from your spouse but both be living in the same house. Whatever the reason for choosing to remain separated in the same house, you should clearly define what the terms of your relationship are.
To file for divorce, you and your spouse need to have been separated for at least 12 months. If you are living with your partner as a couple, you must claim any benefits as a couple.
The benefits office will take both of your incomes and savings into account when working out if you are entitled to benefits. Who gets the Family Home when you separate? In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. There is no presumption that the wife or the husband has to leave the house. Ownership of the home will be transferred to one spouse The home will be sold and the proceeds will be divided.
How much will Husband pay? Husband Wife Both. Half of monthly mortgage payment, gas and electricity. Half of monthly mortgage payment, and any repair or maintenance expenses.
Husband's Assets Will Husband be entitled to any specific items? Add another asset. Second Item Describe item:. Third Item Describe item:. Fourth Item Describe item:. Fifth Item Describe item:. Sixth Item Describe item:. Seventh Item Describe item:. Eighth Item Describe item:. Ninth Item Describe item:. Tenth Item Describe item:. Wife's Assets Will Wife be entitled to any specific items? Husband's Debts Will Husband be solely responsible for any debts? List all debts such as credit card debts, car loans, personal loans, etc.
Do not list any debts related to the matrimonial home. Add another debt. Second debt Describe the debt:. Third debt Describe the debt:.
Fourth debt Describe the debt:. Fifth debt Describe the debt:. Sixth debt Describe the debt:. Seventh debt Describe the debt:. Eighth debt Describe the debt:. Ninth debt Describe the debt:. Tenth debt Describe the debt:. Wife's Debts Will Wife be solely responsible for any debts? Additional Terms Do you want to include any additional terms?
Add another clause. Signing Details When will this agreement be signed? Only Attorney Attorney and one witness Attorney and two witnesses. Only notary public Notary public and one witness Notary public and two witnesses. One witness Two witnesses.
No Yes. Please wait, your document is being prepared. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce.
The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.
Neither Party will attend the other's living space or work without invitation or approval. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
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