While there is no such thing in the State of Virginia as a “legal separation,” there are separation agreements as well as what is called a limited divorce or “bed and board divorce.” Rarely used except in situations where a couple has religious objections to divorce, separation agreements are legal contracts that dictate the status of multiple things including but not limited to:
- child custody
- child support
- property division
- and other items that would normally be seen in a divorce.
A separation agreement can also include a reconciliation provision that would state if the agreement remains in effect even if the couple reconciles.
A keen thing to keep in mind with a separation agreement is to make sure that everything that can be laid out in it is set there as you are willing to move forward. Typically, if a couple decides to get a divorce later on after they have had a separation agreement, the judge will make the separation agreement’s terms binding on the divorce as well. There can be ratifications on the provisions within the separation agreement regarding things like child custody and support, however, at either parent’s request. Having an experienced and qualified divorce attorney on hand to help guide you through the process can not only help you keep your sanity but also your home and children.
Don’t wait until the last moment to talk to a divorce attorney. The McClenney Law Firm is here to help you know and understand your rights and help you in your case. Call us today for a consultation.