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?


Asked on 4/28/10, 9:54 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 5/03/10, 11:10 am


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