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Separation agreements have to be signed to be enforceable. It is customary, but not legally required, that they be notarized. It is also prudent to have the parties initial each page so that it is not possible to later claim that text was tampered with.
Virginia, unlike many other states, does not recognize ?separation? as a legal status in a no-fault divorce. Therefore, there is no special designation that you need from the court in order to be legally separated before you seek a divorce.
Family Law in Georgia includes Divorce, Child Custody, Legitimation, Paternity, and Separate Maintenance cases, referred to as Domestic Cases by the Superior Courts. Adoptions are specialized matters that are part of Family Law, as are Juvenile Court matters.
Under Virginia law, once you and your spouse have signed a separation agreement, the court will usually approve it and incorporate it into your final divorce decree. But we don't recommend that you do this on you own.
Although Georgia law doesn't recognize "legal separation," it does allow couples a divorce-alternative called separate maintenance. Separate maintenance is like traditional divorce in that it permits the couple (or the judge) to resolve custody, child support, and alimony issues.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Just because you came to a certain agreement during your divorce does not mean that you have to be bound to it forever. If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified.
The judge may order that the home be sold and the proceeds divided equitably between the parties. Or the judge may award the residence to one spouse, especially if that spouse has child custody. In this case, the court may award other assets to the other spouse to make the property division equitable.