Legal Question in Family Law in Virginia

Re: Separation Agreement / Virginia

Typically a separation agreement is notarized although it is not a requirement. You should state in the agreement the date of actual separation (regardless of the date the agreement is signed). A divorce based on separation grounds may be brought after 1 year from the time the separation began. If there is a separation agreement and no minor children the period of time is 6 mos.

Re: Separation Agreement / Virginia

1) Yes. You must notarize the original. You should actually print 3 originals, one for you, one for your wife, and one for the court because the court will only accept an original, not a copy! Notarize all 3.

2) Yes you can attest to living separate and apart from an earlier date in time than when you sign the agreement.

3)What I think you are asking here is whether the agreement needs to be part of the divorce decree???? It doesn't have to be but if you have children you absolutely need to! In fact if you do have children you'd be crazy to draft your own separation agreement. You really should have an attorney at least look over your agreement.

Also, there are 2 uncontested grounds for divorce in VA. One is that the two of you have no minor children together and you've entered into a separation agreement and you've separated for at least 6 months. If this is the ground you are filing under then you do need to include the agreement with the divorce filing. If you have no minor children and you've been separated for over a year then you do not have to include the agreement in the filing.

4) See above. You can file for divorce after having been separated for 6 months (if you have no kids and have an agreement) or you can file one year from separation if you have kids.