Legal Question in Family Law in Virginia

Re: Separation Agreements

I am happy to answer your questions, however, before I do I cannot stress to you enough that it is not wise to draft an agreement without an attorney. I know that sounds like a self-serving statement, but I cannot tell you the number of times that clients have come to me after entering into a "form" agreement and the court rejects it when it is time for divorce because the agreement does not cover the liabilities adequately, even in the no house, no kids, short marriage kind of divorce. Then when the party tries to get the spouse to sign another, more approriate agreement they refuse. It quickly becomes a nightmare. I have yet to see a book or internet form that adquately covers your liabilities because most are not based on your particular state law or they are not specific to your situation because the book or internet is not interactive enough to generate a specific form. All that being said, you can both sign the agreement at any time, before, during or after separation. No time period is required. Each of you need to sign an original so there will be 2 originals, one for you to walk away with and one for him because the court will only accept a signed original, not a copy. You must sign in the presence of a notary and this does not have to be at the same time. Once you sign it you cannot file right away in VA unless you have already been separated for 6 months (with no kids) or a year (with kids). If you reconcile you can tear up the agreement but make sure you destroy both originals. If you do decide to divorce the divorce hearing can occur in most VA counties within a few months (sometimes sooner). There will be a hearing and you will have to bring a witness and a certified copy of your marriage license. THis is another reason why you should hire an attorney because the attorney conducts the trial, questioning you for the answers the court needs and questioning the witness. On the day of the hearing the judge will sign the Divorce Decree and you are divorced that day, but there is a time period for appeal so don't remarry during that time period.