Virginia Separation Agreements

Unlike many other states, Virginia does not have legal separations granted by courts.   

However, a husband and wife in Virginia may enter into a separation agreement. By use of such a document (also frequently referred to as a property settlement agreement), a couple may agree to live separate and apart, and to divide their property and debts in a mutually acceptable way. Where the parties have minor children, they may also provide for child support and child custody and visitation in their separation agreement. Finally, the parties may include various other provisions in their separation agreement, such as language providing for the payment of spousal support (alimony).

Separation agreements usually provide that any divorce of the parties will be on the no-fault ground of separation of the parties. With such an agreement in place, once the parties have separated and lived apart for the appropriate time (six months with no minor children, twelve months with minor children), either party may then file for an uncontested divorce on the no-fault ground of separation. 

Our attorneys are very experienced in the drafting and negotiation of separation agreements. You may decide to hire our lawyers to draft an agreement for you. Alternatively, your spouse might hire an attorney to draft a separation agreement, in which case you may have one of our lawyers review the agreement with you, and suggest necessary changes to the document, before signing it. In that event, you may also decide to retain our attorneys to protect your interests by negotiating changes in the agreement with your spouse's lawyer. 

In any case, you should never sign a separation agreement without first consulting with an attorney.

Contact us to schedule your consultation with an experienced family law attorney today.

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