Legal Question in Family Law in Virginia
I have been separated ( living apart) from my spouse for 8 months. I desire a legal seperation and property settlement agreement. He will not agree to some of the terms and will not sign an agreement. What can I do to be legally separated and have the property settlement enforced?
1 Answer from Attorneys
In the Commonwealth, there is no formal legal status specifically
recognized as "legal separation". One can, however, choose to
be separated from one's spouse and live separate and apart continuously,
without interruption, and without cohabitation for the statutorily prescribed
period of six or twelve months in preparation for a divorce.
And, if one spouse refuses to cooperate in agreeing to and signing a formal
Property Settllement Agreement(PSA), then the only other alternative is
for the other spouse to proceed with the divorce and to allow the marital
property to be divided up between the spouses by the process known as
equitable distribution in which a judge decides who gets what as part
of the divorce proceeding.