Ultimately, there is a fine line between desertion and separation under Virginia law. The safest course of action is to formalize the terms of your separation using a “separation agreement.” Separation, unlike desertion, is separation from your spouse, at home or outside, while operating according to the rules and norms of marriage, such as.B. the sharing of matrimonial obligations and duties. Usually, a separation and the terms of separation are discussed and agreed, while desertion is more of a unilateral action by one party that imposes all matrimonial duties and obligations on the other party. You have to decide what will happen to your home. For example, you may want to accept that you or your spouse will not sell the house without someone else`s permission. Your truthful testimony before the sworn court can prove your separation. You may also introduce other witnesses or documents. A separation agreement between you and your spouse can be helpful in showing the court. As a general rule, the parent who has the child for the shortest time pays family allowances to the other parent. You need to decide how much and how often the paying parent pays. Do NOT accept anything in a legal separation agreement that you would not accept if you had to negotiate a divorce agreement. Legal separation is not good for all couples.
In some cases, the disadvantages outweigh the advantages. If that`s the case for you, here are three other options to consider: A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you must live in different homes and at least one of you must intend the separation to be permanent. In general, you are not legally separated if your relationship has ended but you still live in the same apartment or if you live in separate houses without the intention of being separated permanently (for example. B for professional purposes). Separation agreements can be used to resolve a number of issues arising from the dissolution of a marriage. However, many child custody and support provisions, which are often requested or included in separation agreements, are unenforceable under Virginia law. For more information, see Unenforceable Custody and Support Provisions in Separation Agreements. Under the law, an equal division of matrimonial property is preferable, but if one of the spouses seeks an unequal division and the judge determines that an unequal distribution would be equitable, the court may give one party more property or debts than the other. Judges consider many factors when deciding on the distribution of property. These factors include the income, property and debt of both parties; the age and health of the parties; the duration of the marriage; the contributions of each party to the profitability of the other; tax implications; and much more. Marital misconduct is not a fair distribution factor, except in cases of financial misconduct after separation.
You can see the full list of factors here. In addition, the judge will review the parts of the separation agreement that affect your children (p.B. Custody), unless she believes they are in the “best interests” of the child. It`s also important to note that when you apply for legal separation, whatever you agree to in a legal separation agreement may take precedence when you file for divorce. For example, if you agree to let your partner live in the marital home when you apply for a legal separation and you continue to make mortgage payments, a judge may order you to continue to do so after a divorce. Yes, you can include custody and child support provisions in a separation agreement. However, if a parent subsequently files a custody case, a judge may order an alternative custody arrangement if the judge is of the opinion that it is in the best interests of the child. If a parent later files an application for child support, a judge may change the child benefit if the agreed amount does not meet the child`s reasonable needs or if circumstances have changed significantly.
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