Taking the First Steps
In Virginia, couples must be separated for a minimum of one year to obtain a divorce unless you enter into a property settlement agreement or marital separation agreement. If you have signed a property settlement agreement or a marital separation agreement and you do not have minor children then you only need to be separated for six months.
If you have children you must be separated for at least one year regardless of whether you have signed an agreement. In the meantime, hiring experienced legal representation to draft and negotiate a separation agreement is absolutely critical. At the law office of McDevitt Family Law, I can help you protect your financial security and your rights in a separation agreement.
As an experienced lawyer whose practice is dedicated solely to family law, I will help you reduce your exposure to liability during the waiting period and set terms to expedite the process of the final divorce decree.
I can help you draft a separation agreement that addresses:
- Child custody and visitation (both legal custody and physical custody)
- Child support
- Spousal support
- Property division
- Debt
- Retirement and pensions
- Life Insurance
- Other liabilities associated with being married
Contact me for a free initial consultation.
Why Is a Separation Agreement Important?
Separation agreements (also known as property settlement agreements and marital separation agreements), finally resolve all property, liability, custody and support rights associated with your marriage. These agreements clearly define the specific duties, obligations, and the expectations of each party. As a result, separation agreements diminish conflict and stress that can arise out of verbal misunderstandings. More important, they are legally binding and protect you against crises with your spouse during the waiting period of your divorce and beyond.
For instance, if your spouse becomes disabled in a car accident during the period of separation, you could be responsible for financially supporting your spouse for the rest of his or her life if you do not have a separation agreement that states otherwise. This is but one example of the serious liability you carry during the separation period.
For more information about the legal aspects of separation agreements, visit the Family Law Practice Center.
Why Do I Need An Attorney for a Separation Agreement?
I hear this question all the time! Yes, you need not only a lawyer to draft your separation agreement, but a family law attorney! The language of separation agreements is crucial to future enforcement. You need a skilled lawyer who knows how Virginia state courts will interpret specific contract language and what loopholes to avoid.
Let me give you just one example of why you need an attorney. I often see property settlement agreements the parties have drafted themselves or drafted by attorneys (who likely don't specialize in family law) which state each party is waiving spousal support (i.e. "alimony"). The parties who signed this contract think they are fully protected from either spouse ever suing later, even after divorce, for spousal support. They would be wrong!
In this example, the agreement failed to include what I like to call "magic words", words which are required to fully protect each party. The magic words in this case would be "this paragraph is not modifiable by any court for any reason." Without those magic words, your ex-spouse could conceivably sue you for alimony 10 years after divorce by showing a hardship need.
I could give you a whole host of other examples to illustrate the same point... you need an attorney to draft your property settlement agreement!
Contact an Experienced Separation Agreement Lawyer
I have negotiated and drafted literally thousands of property settlement/separation agreements. No two agreements are alike. Each agreement is drafted to specifically address your financial and family situation. Don't settle for anything less. Contact me at my Vienna, Virginia, office to discuss your case.
