Divorce Separation in Norfolk

In Virginia, unlike in many states, the court cannot grant what is known as a legal separation.  However, there are two important terms related to Norfolk separation: living apart and separation agreement.

Living apart in Norfolk

Under Virginia law, living apart for a specified amount of time is the only ground for a no-fault divorce.  Living apart does not require any documentation.  All it means is that one spouse leaves the marriage and establishes his or her own residence with the intention of separating permanently.   To file divorce under the no-fault grounds of separation, one of two conditions must be met:

  • The separation is intentional, permanent and continued without interruption for one year
  • The separation is intentional, permanent and continued without interruption for six months and there are no minor children and a separation agreement.

Virginia law also requires one spouse and a third-party witness must testify that one of the above conditions was satisfied.

While Virginia does not allow for a legal separation, there are other options known as separate maintenance, and divorce from bed and board.  These are very rarely used, however. To find out more about these institutions, you should speak with a Norfolk divorce attorney.

Norfolk separation agreement

A separation agreement, also known as a property settlement agreement, is a binding contract signed by both spouses.  It settles the issues normally decided by a court in a divorce case, including:

  • Property division
  • Child support
  • Child custody and visitation
  • Spousal support/alimony
  • Debts
  • Pensions

It is important to be aware that separation agreements may only cover some of the above issues while others remain unresolved.  Also, sometimes separation agreements are only temporary.  To make sure an agreement is satisfactory to you, a lawyer should be consulted to help draft it, or at the very least to review it before you sign.

Our lawyers provide assistance with separation in Norfolk

Separation can provide couples a break from marriage, or it can be a precursor to divorce.  Norfolk divorce lawyers of The Law Firm of Stallings & Bischoff, P.C., can help you find out more about separation, including the terms necessary for divorce, drafting a separation agreement, or proving your separation with the help of a third party witness during divorce proceedings.  For separation help in Norfolk, contact our offices.