Legal Question in Family Law in Virginia
separation agreement
Can a separation agreement be dissolved? if both parties agree? can a contested divorce be filed after separation agreement? agreement has not been filed with the court
Asked on 9/15/08, 10:48 am
1 Answer from Attorneys
Cassie Craze
Rudy, Coyner & Associates, PLLC
Re: separation agreement
The parties can enter into a new agreement to terminate the prior separation agreement. A contested divorce can be filed if the separation agreement is terminated, on issues not addressed in the separation agreement even if the separation agreement is not terminated (so long as the separation agreement does not prohibit the filing of a contested divorce), or if the validity of the separation agreement itself is challenged in court (i.e. based on an argument that it was obtained by fraud, entered into under duress, etc).
Answered on 9/15/08, 1:56 pm
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