Legal Question in Family Law in Virginia
Separation agreement details
I understand that the separation duration for a divorce can be reduced from 1 year to 6 months if a separation agreement is entered into at the start of the separation. I have, however, been unable to ascertain from the Virginia state code the details of what a separation agreement is and the process through which one is obtained.
What must be included in the agreement? Are the terms of the agreement at the discretion of the couple, or are there any mandatory guidelines that they must follow?
Are there any further requirements placed upon the couple besides establishing such an agreement and residing separately for a duration of 6 months before divorce proceedings may commence?
Thank you for your time.
1 Answer from Attorneys
Re: Separation agreement details
The required one-year separation period can be shortened to six months if a separation agreement is signed by the parties truthfully saying both parties agree to the separation and both intended at the beginning of the separation that the separation be permanent, leading to a divorce, AND there must be no minor children of the marriage. If there are any kids of the marriage under age 18 the waiting period is still one year.
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