Legal Question in Family Law in Virginia
Separation Agreements?
If I have been separated from my husband for 5 years, is it really necessary for us to file a separation agreement before I file for divorce?
4 Answers from Attorneys
Re: Separation Agreements?
It is not mandatory for you to file a property settlement agreement. However, most couples who has substantial marital assets to divide will have a PSA (property settlement agreement) in place for those items that are not in contention... this makes life easier for everybody (you and court).
Re: Separation Agreements?
I would say no.
Re: Separation Agreements?
If you have minor children and substantial marital property to divide and, perhaps, other issues related to the marriage which need to be settled, you should have a property settlement agreement in place as part of your divorce.
Re: Separation Agreements?
Not at all. Agreements are for people who want to settle issues in advance. You may not have the need or desire to do that.
Good luck.