Sometimes marriages break down without some guilt resting on one of the parties. You can get a clean divorce in Virginia if you live apart from your spouse for one year or if you live apart from your spouse for six months, if you have a separation agreement and if you don`t have minor children. Couples who want to separate when they start working on their divorce have the opportunity to negotiate a separation agreement from Virginie Marital. By agreeing to the use of this document, both parties agree to live separately and to live separately. The agreement resolves issues such as debt division, property distribution, child maintenance, custody and visitation. The emotional strains in an unhappy marriage can make it difficult, if not impossible, for the average couple to handle divorce and separation in a cold or objective way. A lawyer with specific knowledge of divorce law, custody and related matters can help a client be fully aware of their own rights and obligations in this complex area. Virginia laws now provide for the „equitable“ distribution of marital property and marital debts between the parties at the end of the divorce. „marital property“ consists of all co-titled property as well as any other property, with the exception of separate property acquired by one or two parties, from the date of marriage until the date of final separation. „separate property“ means property that was in the possession of a party before the marriage, property acquired after the separation of the parties, or inherited property and/or gifts to a party from a third party. When „marital property“ and „separate property“ are mixed, or when the value of „separate property“ is increased by the active efforts of one of the parties during the marriage, such property may be considered „matrimonial property“ or „separate and partially separated“ property. As a general rule, debt is considered a „conjugal debt“ when it is in the common name of the parties and was incurred before the date of the last separation of the parties, or, in the case of debt that is only in the name of one party, if the debt arose after the date of the marriage and before the date of the last separation of the parties.
On the other hand, „separate guilt“ is a debt that appeared only in the name of a party before the marriage or after the date of the final separation of the parties. In determining whether a debt is conjugal or separate, the court may also consider the reason for the occurrence of a debt. Instead of letting the court rule on matters relating to the case, the parties have the option of entering into a voluntary agreement that will resolve their concerns raised by the divorce. The court will enforce the agreement as soon as it has been signed, sworn in by both parties and duly notarized. Oral agreements that divide marital property can also be enforceable, but only if they meet certain strict requirements. You should keep in mind, however, that in no-fault cases, Virginie does not have a legal separation procedure. The decisions you make during your separation and divorce can have a lasting impact on the rest of your life and on the lives of your children. Consulting a lawyer who focuses on family law can help you understand your options and make the best decisions for you and your family.