Virginia Separation Lawyers

Do you and your spouse feel caught in a constant loop of feeling unhappy with your marriage but also not wanting to take action to end it? Whether you’re concerned about the money a divorce will cost you, the time it will take, you’re avoiding divorce for religious reasons, or you just aren’t ready to take such a big and permanent step, legal separation may be the right choice for you.

A legal separation allows couples to take a step back from their marriage and give themselves some breathing room to work through issues that have surfaced without ending the marriage entirely. Montagna Law can help you discover the many benefits of legal separation. With our long history as mediators fighting for a plethora of family law issues, we can take a comprehensive approach to your separation, helping you and your spouse to find the best path for you.

Even when couples are unhappy with their relationship, the changes that come from separating can be devastating. Separation is more than just living apart – the process requires planning for child-rearing, finances, and more. These tasks can be overwhelming and make you feel like you are losing your divorce case before it begins.

You’re not alone. The family law attorney at Montagna Law can help create a fair and reasonable separation agreement in Virginia and assist you in taking the first step toward divorce. Contact us today by calling 877-622-8100 or completing our online contact form to arrange your initial consultation with our experienced divorce lawyer in Virginia.

Why Work With Montagna Law

Navigating the separation and divorce process, including equitable distribution, spousal support, child support, and child custody issues, is often overwhelming – especially when you have no roadmap or guide to help you envision what your future will look like. A family law attorney with experience in these areas can assist you in reaching your goals for the outcome of the divorce and help you reach a fair separation agreement.

Testimonials

“My Attorneys at Montagna Law provided me with good sound legal advice with my case. If you need help with your case give them a call and see if they can help you.” — Michael

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. he was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation.” — Tyler

What is the Legal Definition of Separation in Virginia?

In Virginia, there is no such thing as legal separation – you are either married or divorced. However, in the majority of divorces, the courts require that you and your spouse live separate and apart from each other for one year before filing for or finalizing the divorce.

If you wish to proceed with a fault-based divorce – a divorce based on adultery, cruelty, or some other such permissible basis – you may file for divorce before living separate and apart for a whole year and no separation agreement is needed. You must still wait for one year though to finalize most divorces.

If you and your spouse have a separation agreement and minor children together, you can file for and finalize an uncontested divorce after one year of separation.

If you have a separation agreement with your spouse and no minor children together, you may file for and finalize an uncontested divorce after just six months of separation.

Having your separation agreement drafted by a family law attorney ensures that the agreement states exactly what you intend it to state, addresses all relevant issues, and does not have unintended consequences. Many areas of your life will be addressed in a separation agreement so having counsel for that process is an invaluable resource.

Reasons to Consider a Separation Agreement

Choosing to proceed with an uncontested divorce with a separation agreement rather than a contested divorce has many benefits for all involved, such as

• Guaranteed outcome: Even our local judges tell parties to a divorce that knowing exactly what the results of the divorce will be is preferable to having the court decide your future for you when that same court has only known you for a day or two.
• Faster results: From coordinating schedules amongst the parties, attorneys, and court to avoiding the voluminous deadlines that accompany a contested divorce, an uncontested divorce with a separation agreement means that you will likely be divorced much sooner than with a contested divorce.
• Less stress: Although still inherently stressful, it is much more peaceful to agree on terms in a law office or via email than to have the court make those decisions issue by issue in a courtroom.
• More cost efficient: The saying that “Only the lawyers benefit from a contested divorce” is, unfortunately, true. Often the legal fees for a contested divorce erase any financial “gain” you may seek by having the court make decisions rather than coming to an agreement.
• Less restrictive: Unlike what usually happens in a hearing or trial, a separation agreement allows you to craft creative solutions and specific terms that a court may not even be willing to entertain.

What Does a Virginia Separation Agreement Include?

In addition to basic information about the spouses and the marriage – such as names, birthdays, date of marriage, date of separation, etc. – a separation agreement must also include the following:

• Spousal support (alimony) amount, duration, and terms, even if the only thing to be said about spousal support is that both parties are waiving it.
• Child custody and parenting time (visitation) schedules and terms, if applicable. This can be as specific or as general as suits your unique situation.
• Child support amount and medical insurance information for the minor children, if applicable. In Virginia, neither parent may waive child support, but if neither parent is asking the other to pay child support, child support may be reserved.
• Equitable Distribution terms which address all of the marital assets and the marital debts.

What Proof Do I Have to Submit to Prove I Am Separated?

If you are separated, the easiest way to prove this is by living in a different residence than your spouse. However, living apart does not on its own establish that you are separated. The key to establishing a date of separation is when one spouse tells the other that they want to end the marriage. Further examples used as proof of separation are:

• Maintaining separate finances
• Purchasing your own groceries, clothing, and other necessities
• Not wearing your wedding ring
• Sleeping in separate bedrooms
• Avoiding physical intimacy with your spouse
• Not cooking for your spouse, not doing laundry for your spouse, not cleaning for your spouse, and not allowing your spouse to do those things for you
• Informing family and friends that you are separated
• Executing a written separation agreement

Negotiating a Separation Agreement

No matter the reason you’ve chosen to separate from your spouse, a good starting point in the divorce process is the drafting of a separation agreement. While it is possible for you to write your own separation agreement to protect yourself and your finances it is best to have an experienced divorce attorney draft the separation agreement so that it is accurate and complete.

If you cannot agree with your spouse on issues such as child custody, child support, spousal support (alimony), and equitable distribution, a family law attorney can guide you through negotiations to attempt to reach a separation agreement that accomplishes your goals.

Let Montagna Law guide you through this process. Our skilled attorney works hard to achieve our client’s goals for the final separation agreement while minimizing conflicts.

Do I Need a Lawyer for a Separation Agreement?

While an attorney is not required in order to draft a separation agreement, we highly recommend that you retain a family law attorney experienced in Virginia law to verify that the agreement is accurate and complete and that you do not miss any key details.

An attorney can also help with negotiations to keep things moving smoothly while preparing the initial separation agreement.

Can a Couple Get Back Together While Separated?

Yes, a couple can reconcile during their separation. However, if you decide to separate and reconcile, you must start the separation period over again. When you reconcile, depending on what your separation agreement says, the reconciliation may void the separation agreement or the separation agreement may remain in effect after the reconciliation.

Separation Can Be a Confusing Time. Let Us Help Clear Things Up.

Ready to take the first step? Our Virginia divorce attorney can guide you through the separation process, draft your agreement, and protect your interests. Learn about our services and how we can support you during this emotional process. Contact us now by calling 877-622-8100 or filling out our online contact form.