Getting divorced or separating from your partner can be an emotionally difficult time. Whichever you decide, knowing your rights is key to ensure that you do not end up losing out as a result of your relationship breakdown. In this article, we’ll answer the question, “Is it better to get separated or divorced under Virginia law?”. Laws surrounding divorce and separation are slightly different from state to state, so it’s important to know what Virginia does specifically if that is where you’re looking to split up from your partner.
In short, it’s down to you to decide which works for you better in practice. When it comes to divorce in Virginia, it means that your marriage is legally ended and you are free to start a relationship with no repercussions. However, if you start seeing someone when you are separated and then look to get divorced at a later date (despite this technically not being adultery) your current relationship could have implications on your divorce settlement.
Understanding your legal rights in a divorce is paramount to safeguarding your interests and ensuring a fair outcome. In Virginia, both spouses have certain legal rights that must be respected throughout the divorce process.
These rights encompass various aspects, including property division, child custody, spousal support, and more. It’s crucial to have a clear understanding of what you’re entitled to under Virginia law, as well as how to assert and protect those rights effectively.
Consulting with a knowledgeable divorce attorney can provide invaluable guidance and advocacy, empowering you to navigate the complexities of divorce proceedings with confidence. By arming yourself with a thorough understanding of your legal rights, you can approach the divorce process proactively and work towards achieving a resolution that serves your best interests.
Getting divorced in Virginia – how it works
Filing for divorce in Virginia may be a reason why you decide to separate from your spouse as opposed to legally dissolving the marriage. Firstly, the initiator of the divorce proceedings must have been a Virginia resident for at least a half a year. If the couple does not have children, before divorce proceedings can go ahead, the couple must be separated for six months as well. That means that they sleep separately from each other and also have signed an agreement stating their separation. That agreement must outline how they anticipate splitting all joint assets. If they cannot decide that for themselves — they will need to ask the court to decide for them.
If a couple has children, they need to be separated under the same terms stated above, but this time for a year. The person asking the court for the divorce must give a reason why they want a divorce. Those reasons can include adultery, cruelty, crime, or separation. If the couple have signed a separation agreement, once their legal separation time has ended, they will follow the legal process of an uncontested divorce.
How are assets split in a separation?
The separation agreement you have with your partner should outline how you think your assets should be divided. However, even in the friendliest of separations, coming to a division of assets that you are both happy with is difficult. It’s therefore a good idea to seek the advice of a financial advisor or lawyer at this point to get to the granular detail of what you should be getting.
Legally speaking, joint assets are seen as assets that both individuals benefited from during the relationship. If an asset was acquired during the relationship, that asset is often seen as a joint asset. Differences start to crop up when taking into account gifts or inheritances. In short, sometimes it’s necessary to sell a house or car so that the monetary value of the assets can be divided equally as there is no other way to ensure that there is no financial hardship in some instances.
Virginia divorce and separation laws
Divorce in Virginia is meant to be as equitable and fair as possible. In general, Virginia law does not seek to financially punish a person who has committed adultery or been largely responsible for the breakdown of the marriage. However, it does look to split assets equally and ensure that any children involved do not experience a reduction in their standard of living.
When it comes to dividing assets, it can be good to look at precedents. Oftentimes when it comes to deciding who gets to keep the house, the person who was the primary caregiver is usually the one who can continue to live there.
Separating vs divorce in Virginia
Divorce is a complicated process — but so is separation. Make sure you know your legal rights that are specific to your own situation by gaining professional, legal advice from a lawyer. Doing so may be an expense, but it will ensure that you do not lose out in the long term.