Virginia Post-Separation Letter
Description
How to fill out Post-Separation Letter?
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FAQ
Sydor, the court held that unless a separation agreement contains a term to the effect that the agreement will survive reconciliation, the agreement will be void when the couple reconciles, notwithstanding a term of the agreement that it is a "full, final and conclusive settlement" of all issues arising from their
Once the separation agreement is finalized, a court will approve it as long as it's reasonable and child-related provisions (such as custody and visitation arrangements) meet the best interests of the child.
There is no such thing as a "legal separation" or "legal separation proceedings" in Virginia. Separation is simply not living together. You don't need any papers to live separate and apart from your spouse.
Even with a separation agreement in place, the parties are not legally separated. Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.
Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.
Even with a separation agreement in place, the parties are not legally separated. Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.
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.
Unlike many other states, the Commonwealth of Virginia doesn't recognize separation as a legal status. However, Virginia still requires spouses to show that they've lived separate and apart for a certain amount of time before a no-fault divorce is granted.
Unlike many other states, Virginia doesn't have a formal status for legal separation in no-fault divorces. Therefore, the best way to establish a date of separation is to sign a separation agreement or property settlement agreement with your spouse.
