During a divorce, couples will typically submit an agreement they have made during the separation to the court for approval in a divorce. It will showcase how both parties want to divide their property, take care of the children, manage finances, and split assets in a divorce.
When a court orders a legal separation or divorce, a settlement is put forward, and the obligations of both wife and husband are clear-cut, including divorce spouse pension rights. However, if separation occurs without an official order or agreement, areas of responsibility can become blurred, leading to misunderstandings or stress.
With that said, the following information is intended to help you understand what your rights are in case your husband wants a divorce or separation.
Child Visitation, Custody, And Alimony Issues
A good divorce lawyer will tell you that regardless of whether you are legally divorced or separated, the issue of caring for your children can be a complicated one for you and your estranged spouse. When you are going through a separation before finalizing your divorce, the court can determine child custody, visitation, and alimony. If your kids primarily live with you, you will most likely be awarded physical custody.
Another element that the court will rule on is who has the right to make decisions on the kid’s behalf. Typically, the judge will award joint custody, providing you and your spouse the opportunity to both make choices for your kids, including where they go to school and their medical care.
In Virginia, the law allows one spouse to receive child support during the separation before the divorce is final. In addition, your separation agreement can also highlight custody matters so that your kids can retain their regular schedule and each parent can spend some time with them.
If your husband happens to earn more money than you and based on the period of your marriage, a court could award you with spousal support, also known as alimony. However, since you will be separated and not divorced yet, the judge may opt to award temporary financial assistance until the final amount can be determined after the divorce.
Suppose you wish to remain in the family home during the separation. In that case, the judge may recommend that your husband pay the mortgage until a ruling is made on the property’s disposition during the divorce proceedings. The court could also state that these mortgage payments are considered part of the spousal support. In most cases, during a separation, the courts prefer to preserve the couple’s assets until it, or both parties, make a final decision during the divorce.
Property And Financial Requirements
During a separation, the courts may also rule on property division involving items such as furniture, funds in bank accounts, and real estate. A judge may also determine who is responsible for paying the mortgage, college tuition, or credit card debt. Therefore, understanding all the financial obligations of your husband will help with the separation and divorce proceedings.
Furthermore, during the divorce proceedings, no party can sell off any property, including cars or the home. Knowing this will help ensure that your husband does not deprive you of any resources duly owed to you.
Not Complying With An Official Court Order
During a separation or once your divorce is final, any court order the judge gives holds great weight. Therefore, if your husband does not comply with any one of them, you can ask the judge to enforce their decision. For instance, if you are legally separated, and he is supposed to pay child support, you can file a petition citing his failure to pay what is expected when he starts to fall behind.
He may present his case before the courts, explaining his position in some situations. For instance, he may say that he can no longer pay the agreed amount because of losing his job. Nonetheless, if he can’t offer a valid defense for his actions or the judge rules against him, then he could be held in contempt, requiring him to pay some fines or serve jail time.
To Sum Up
Going through a separation or divorce is one of the most stressful things anyone can undergo. However, if you understand your rights and responsibilities throughout the process, it will provide you with more predictability, particularly regarding the outcomes you should expect.
