Separation Agreements: A First Step Toward Peaceful Resolution

When families face challenges, taking a drastic step such as divorce may not always be the best decision considering their circumstances. If you and your spouse have considered separating, take initiative and speak to a lawyer at The Collins Law Firm, P.C., to learn about your options. We are experienced divorce and family lawyers who help clients throughout the Virginia Beach, Norfolk and surrounding area.

Our Knowledge Is Key To Success

Many couples choose separation if they are faced with daily challenges but are not ready to go through with the divorce process. Unlike other states, Virginia does not require that you go through the court system to be legally separated. Rather, both parties can draft a separation agreement that details out provisions. This almost always requires parties to be living separately — even if they are still living under the same roof.

Crafting Effective Separation Agreements In Divorce Matters

There’s no one-size-fits-all solution in family law matters, such as divorce. For some couples, the process of ending a marriage, finding a custody arrangement, or negotiating alimony is not contentious. Those couples do not need to pay thousands of dollars and spend time in court fighting and arguing. This is where a Separation Agreement comes in. It can also protect you against subsequent debt your soon to be ex-spouse incurs after the Separation Agreement is endorsed.

What Is A Separation Agreement?

A Separation Agreement is made in anticipation of an uncontested divorce. It is a voluntary agreement between you and your spouse that details as many of the issues settled pertaining to property, assets, debts, custody arrangements and any support orders like child support or alimony (if applicable), and other conflicts.

Your Separation Agreement will become a legally binding document, as it is a part of the Final Divorce Decree the judge will sign off on to declare your divorce is granted. The Final Divorce Decree will formally end your marriage.

There are many LEGAL benefits to securing a Separation Agreement:

• Tolls the clock on marital debt in most cases
• Specifically spells out which assets (such as real estate, automobiles, recreational items, bank accounts, investments), or shares of assets, belong to which party
• Addresses payment of debt and who is responsible for paying same
• Directs how health insurance will be handled until the divorce is finalized by the court
• Spells out which party has the children on each calendar day of the year, so the parties can focus on co-parenting in the best interest of the child

At The Collins Law Firm, P.C., our attorneys can assist with this process, helping make your divorce or other family law matters get resolved as smoothly and seamlessly as possible.

The Personal and emotional Benefits Of A Separation Agreement include:

• Saving time and money and avoiding litigation
• Having more control over the agreement as you and your spouse resolve issues rather than leaving them up to a stranger. Neither party is happy when a judge has to decide issues because the parties cannot find a resolution.
• Reducing conflict and stress by creating a more amicable environment to solve problems
• Promoting cooperation and compromise between you and your spouse, which can also lead to a better path forward

Many couples opt for this path when going through a divorce. The “traditional” divorce process of litigating is not the right solution for everyone. More and more often, couples opt for an alternative, like a Separation Agreement, when pursuing an Uncontested Divorce in Virginia.

How To Obtain A Separation Agreement

First, you need to negotiate the agreement with the other party, typically your spouse. You and your spouse will have to find and agree on solutions for any issues included in the Separation Agreement, even if some of them are reserved to be dealt with at a later time. If filing for divorce, you’ll need to negotiate things like custody of your children, parenting agreements, property division and spousal support arrangements. We can help you in these negotiations by taking the lead for you, so nothing gets missed.

Next, we will draft the Separation Agreement for your spouse and you to sign. An experienced attorney can help make sure this process is carried out successfully and smoothly; and ensure that all court rules and requirements are strictly adhered to so the agreement shall retain its validity at all stages of the divorce and thereafter. The length of time this process takes can vary, but in almost all cases it is much shorter than in a contested divorce. Generally, for these matters, couples do not even need to attend a hearing. Your divorce attorney can give you a better idea of what to expect and help ensure that this process is carried out efficiently.

How Is An Uncontested Divorce with a Separation Agreement Different From one Without a Separation Agreement?

The two main differences are that you and your spouse are in control of the terms, as each of you determined the arrangements and concessions involved in the marital settlement, and each of you have saved thousands of dollars in legal fees.

In a traditional, litigated divorce, the judge will make decisions regarding property division, debt division, health insurance, spousal support, and even custody of your children for you. Any judge should do this to the best of their ability, but often both parties are left unsatisfied with this process. Opting for a Separation Agreement gives you much more power and flexibility in determining the conditions of your divorce.

Do I Need An Attorney For A Separation Agreement?

It’s important to work with a legal professional when creating a Separation Agreement. A divorce attorney can help you in several ways during this process. Your attorney can make sure your agreement follows all state laws and regulations and is overall legally sound. One of our divorce lawyers can also help make sure it achieves all your goals and accounts for all your interests. We can also assist in filing it properly with the court at the appropriate time.

Our divorce lawyers can also help you and your spouse figure out any lingering issues. While you and your spouse may agree on most parts of a divorce or custody arrangement, there may still be problems that come up. An experienced legal professional can provide advice and guidance through these matters. We can help you find resolutions that work.

Having an experienced, knowledgeable divorce attorney working with you can streamline this process even more. It’s important to have someone present who is familiar with the process and understands how it works. Our attorneys are well-versed in all aspects of divorce and family law. We are ready to answer any questions you might have about this process and are here to assist and help make sure your divorce is carried out properly and efficiently. We want to help set you up for a more positive future.

Get More Information About This Process

A Separation Agreement can be a positive solution to often contentious and stressful legal issues. If you’re thinking about opting for one to save time, money and stress, contact one of our attorneys to learn more about this process. We can evaluate your situation and help you understand your options. Get in touch today to set up an initial consultation. Call 757-734-0583 or use the online contact form to schedule an appointment and speak with a dedicated family lawyer.

Flat-Fee Family Law Services

At The Collins Law Firm, P.C., we are dedicated to providing the highest-quality legal services for our clients. We work on a flat-fee basis, so there are no billing surprises down the road. We provide responsive, accessible legal service to clients in the Hampton Roads area and are ready to help you sort through your divorce or other family law matters. Schedule a consultation today to learn more.