Legally separating is the process of legally terminating a marriage. Couples who live separately but don’t legally divorce are referred to as being legally separated. They have all the rights to divorce except for the label of legal procedure.
However, the state of Virginia does not recognize legal separation which is why couples who want to separate should opt for divorce.
Spouses may divorce in two different manners.
Considering the above mentioned, separating couples in the state of Virginia should opt for a marital settlement agreement to solve important matters while they are legally divorcing.
When a married couple in Virginia decides to divorce, they must follow the state’s specific laws and procedures. First, one of the spouses must file a complaint with the circuit court in the county where they live or last lived together as a married couple. The spouse who files the complaint is known as the “plaintiff.”
If the couple has minor children together, the plaintiff must also file a separate document called a “Rule to Show Cause” along with the complaint. This document explains why the court should grant the divorce and outlines any custody, support, or visitation arrangements that have been made for the children.
Once the complaint and Rule to Show Cause are filed, the court will issue a summons. This document must be served on the defendant, which is the other spouse, in order for the divorce proceedings to begin. The summons will also include a copy of the complaint and Rule to Show Cause.
The defendant then has 21 days to file a response to the complaint with the court. If the defendant does not file a response, the court can grant the divorce by default.
If the defendant does file a response, the next step in the process is for the plaintiff and defendant to attempt to reach an agreement on all issues related to the divorce, including child custody, child support, alimony, division of property, and any other relevant issues. If the parties are able to reach an agreement, they can submit a written settlement agreement to the court for approval.
If the parties are not able to reach an agreement, they will need to attend a divorce trial, at which time a judge will make decisions on all outstanding issues.
Once the divorce is finalized, either through a settlement agreement or a divorce trial, the court will issue a divorce decree. This document officially ends the marriage and outlines any agreements that have been made regarding child custody, support, visitation, alimony, and property division.
The divorce process in Virginia can be complex, so it is important to seek legal assistance if you are considering or going through a divorce. An experienced Virginia divorce lawyer can help you understand the state’s laws and ensure that your rights are protected throughout the process.
The Virginia marital settlement agreement can include provisions for:
The Virginia marital settlement agreement is not required by law, but it can be helpful in avoiding misunderstandings or disputes later on.