Legal Question in Family Law in Virginia
Legal Separation
What is a legal Separation and how to obtain one at a low cost?
2 Answers from Attorneys
Legal Separation
This communication is not considered to be the giving of legal advice or the establishment of an attorney-client relationship between the parties.
Technically, the term "legal separation" is a misnomer. People are either married or divorced. However, in anticipation of a divorce, Virginia Code Sections 20-109 and 20-109.1 permit the parties to a marriage to enter into an agreement that resolves the issues between them and allows the Court to incorporate that agreement into a court order (divorce decree). The cost varies by attorney, but usually is several hundred dollars.
Legal Separation
Different people mean different things.You can enter into a written separation agreement,which is legal, and therefore technically a "legal separation." In Northern Virginia the cost for this could range anywhere from a fewhundred to several thousand dollars, dependingupon whether the terms of the agreement are alreadyagreed to or must be negotiated between the attorneys. Alternatively, you can petitionthe Juvenile and Domestic Relations Court foran award granting "separate maintenance," which some people call legal separation. The cost, as with the written agreement, varies depending onhow much the issues are contested. If you livein Northern Virginia and would like assistancein connection with your separation and/or divorce, pleasefeel free to contact our office via any of the below methods. This message is not legal advice and doesnot establish an attorney client relationship.