Separation agreements are also referred to as property settlement agreements because the division of marital assets is one of the key issues addressed in this contract. Child custody, visitation, child support and alimony are additional matters that must be resolved and outlined in this agreement. Separation agreements are permanent and binding, except in the case of decisions involving the children.
Virginia Beach Property Division Attorney
Some assets, such as retirement funds, pensions, businesses and professional licenses, can be complicated matters to analyze and agree upon. Mediator/lawyer Herbert W. Laine has settled many cases involving complex assets, and he has determined equitable arrangements for marital debt and division of real estate, which has become increasingly problematic due to the harsh economic conditions.
At the law office of Herbert W. Laine, we are focused on reducing the cost of ending marriages by minimizing the time spent in court. This approach increases the amount of time and money our clients can spend on their new future, instead of their past.
The only element that must be addressed in a hearing or deposition is proving to the court that there are grounds for the divorce; however, the separation agreement can state that the divorce will be on no-fault grounds.
The Separation Process
A separation begins when a couple stops living together as husband and wife, even though a separation agreement has not yet been signed.
The no-fault grounds of divorce is continued without interruption for one year, or for six months if there is a complete separation agreement and there are no minor children.
Advice on whether to remain in the home or leave is critical. If a custody dispute is likely to be involved, then the parent who leaves the home may be jeopardizing his or her chances to get custody.
A separation is not the same as an uncontested divorce. To understand the option that is best for your circumstances, we encourage you to contact us, so we can arrange a private meeting for you with Chesapeake legal separation attorney Herbert W. Laine. He can explain your legal rights and the type of divorce that will serve your needs.
