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Welcome To Our Information Page On Separation Agreements!

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Separation Agreements

"Legal Separation"

If you are thinking about separating from your spouse, thinking about a divorce, want to know about a separation or separation agreement, been given a separation agreement or are going through a divorce - WE CAN HELP!

We offer TOP LEVEL LEGAL SERVICES for a FRACTION of the cost!  How? Buy keeping our overhead low and not charging an arm and a leg just because we are "lawyers".

Fill out the form below or click here to call for a consultation with an attorney!

Our office has experienced family law at attorneys.  Brian has been recognized twice as one of Virginia's Legal Elite, as a Super Lawyer and one of Coastal Virginia's Top Lawyers in Family Law and Divorce.

Questions About Separation or "Legal Separation"

  • What is included in the fee for a Separation Agreement?

    • You get ​a consultation with a lawyer, our Separation Agreement worksheet to help consider all of your options, a Separation Agreement, an edit in case you or your spouse have changes, we will help you execute three (3) original, notarized Agreements (sorry but your spouse cannot sign in our office), and a digital copy in case you lose the original.

  • What is a Separation Agreement?

    • This is an agreement that resolves all, or at least most, of your issues for the divorce.  It saves a lot of money in costs and fees instead of a divorce trial.  It also speeds up the process.  There is more detailed information below.​

  • Can you date while separated in Virginia?

    • The short answer is "it depends".  In Virginia, you are either married or you are divorced; there is no in between.  So technically you cannot without your spouse's permission.  This is where a Separation Agreement comes in play.  In our Separation Agreements, ​we put in language that allows you and your spouse to live separate as if unmarried.  With this language, you can date.  Without it you may still be subject to an allegation of adultery which is still a criminal act.

  • What is "legal separation" in Virginia?

    • There is no such thing as legal separation in Virginia.  You are either married or divorced.  This is a common misconception.​

  • What is required for legal separation in Virginia?

    • Trick question - there is no such thing in Virginia.  ​To get divorced, you have to live separate and apart, continuously and without interruption, with the intent to separate for the requisite period of time - either six months or one year.  Then you can file for a divorce not based upon fault.

  • What are the separation laws in Virginia?

    • ​There are many laws regarding separation from your spouse in Virginia.  ​The answer depends on your question.  Are you talking about dating, bills, debts, utilities, who gets the house, etc.?  These are the questions we can answer during your consultation.

  • Do I need a Separation Agreement in Virginia?

    • Nope.  You can get divorced without one.  Having one should make it quicker, cleaner and cheaper.  Also, it allows you to control your own future rather than leaving it in the hands of a judge who does not know who you are.​

  • Do you need a Separation Agreement before divorce in Virginia?

    • Again - nope.  You ​can still get divorced.  But like we said - it is easier, quicker and cheaper if you do.

  • Can you be legally separated and live in the same house in Virginia?

    • You sure can.  Well, with the exception that "legal separation" is not recognized in Virginia.  What the question really is - can I live separate and apart from my spouse under the same roof?   The answer is yes.`​ As long as you act as roommates and not a married couple you can be considered separated under the same roof.

  • What if my spouse won't sign?

    • There is nothing anyone can really do about this situation.  You cannot force someone to sign just like you cannot force someone to stay married.  If he/she really just does not want to sign to be difficult then we are happy to give you your options.​

  • How do you void a Separation Agreement?

    • That is a tough question to give a simple answer to and is very fact specific.  It also depends on the portion that you are trying to void.  Generally speaking Agreements are final with the exception of child support, child visitation or child support.  Now that does not mean that there ​aren't other avenues - fraud, duress, misrepresentation, etc.  Take advantage of your consultation and ask us.

These are some general questions.  We are here to answer these and more if you have them!

Separation Agreements, Separation and Legal Separation

There are really only two types of divorces that exist - contested and uncontested.  Here is the difference - a Separation Agreement or Property Settlement Agreement.  In a nutshell, a Separation Agreement is a document that the parties (the divorcing folks) create and sign to resolve all of the issues in a divorce.  Think of it as a contract to end the marriage.  It handles everything from real estate to bills to support as well as custody and visitation.  I will talk later about Separation Agreements in another post.


There are several things that a Separation Agreement can accomplish prior to the divorce.  First - it allows you to live separate and apart as if you were unmarried.  In other words, you can date.  Second - it says who is responsible for what including bills.  Third - it allows people to know who keeps what.  Lastly and, most importantly, it let's people know how and when they get to parent their children.

For a Consultation with a Lawyer to discuss your separation send us this form or give us a call!

We offer the following for consultations:

  • In person

  • Telephone

  • Video Conference

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