Fairfax Separation Lawyer

The first step in a no-fault divorce in Virginia is for you and your spouse to legally separate. Separation in the state is simple, without the need to file any paperwork to start the process. Instead, your legal separation will begin once you start living separate lives, with the intent to permanently separate. 

For example, to be separated, you should have separate bedrooms and not go to events together as spouses. Learn how an experienced separation lawyer in Fairfax can help.

At Melone Hatley, P.C., our team of experienced Fairfax family lawyers will provide compassionate support as we help ensure your rights are protected during your separation and through the divorce process. Reach out to us to schedule a free case consultation with one of our Client Services Coordinators today.

Initiating a Legal Separation in Fairfax

When pursuing a separation-based divorce in Virginia, the first step is to start the clock on your legal separation. The length of time you will need to be separated from your spouse before you can get a divorce will depend on whether or not you and your spouse have any minor children.

Without minor children, you can begin divorce proceedings at the six-month mark. However, to do so, you will need to file a divorce agreement that resolves all issues, such as custody, support, and division of property.. 

If you have minor children or haven’t signed a divorce agreement, you will have to wait until you have been legally separated for at least one year before you can file for divorce.

There are different ways to get the clock going, and your circumstances will dictate the best approach for you and your spouse to take.

A Separation Agreement Can Be a Valuable Tool in Protecting Your Rights and Preparing for Divorce

It’s essential that you put your separation agreement into writing as soon as possible if you are able to come to terms with your spouse regarding various issues, including:

• The financial obligations of both parties
• How your assets and debts will be divided
• Child custody
• Spousal and child support

Having an experienced separation attorney create the separation agreement document will help ensure that all matters you and your spouse need to decide upon are included and that the agreement is enforceable.

After the terms of your separation are in writing and have been submitted as an order to the court, a judge will sign the order. That way, you will be able to have the court enforce anything stated in the document if your spouse fails to follow their end of the deal.

The Terms of Your Separation Agreement May Affect the Final Terms for Your Divorce

Having a separation agreement with your spouse can significantly simplify the divorce process. When filing a separation agreement, you can either make the terms of the agreement permanent or temporary. With a permanent separation agreement, the agreed-upon terms will carry over into divorce. 

Meanwhile, with a temporary agreement, a new agreement or order will be necessary before your divorce is finalized. If both parties are abiding by the temporary agreement without issues, you may decide to continue with the same terms as part of a divorce agreement.

Of course, there are aspects of a temporary separation agreement that may not translate over to your divorce, especially if you are still living together during your separation. The most common modifications involve the areas of custody and support.

Get Help From an Experienced Fairfax Separation Attorney Today

What happens during the time you are separated from your spouse before you get divorced can significantly impact your life in the long term. Hiring a Fairfax separation lawyer from Melone Hatley, P.C. can be crucial for protecting your rights throughout the separation period and during divorce proceedings.

Contact us today by phone, through our contact form, or by using the chat tool on this page, and schedule your free case review.